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The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, has asked the Federal High Court in Abuja to dismiss the ₦1 billion fundamental rights suit filed by former Kaduna State Governor, Nasir el-Rufai, over the search of his Abuja residence by the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
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Fagbemi, through counsel from the Federal Ministry of Justice, Maimuna Lami-Shiru, told the court that the ICPC and the Inspector-General of Police acted within the law when they searched el-Rufai’s residence and seized items considered relevant to an ongoing investigation.
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The AGF argued that el-Rufai’s action amounted to an abuse of court process because, according to the Federal Government, two other suits concerning the same subject matter are already pending before the Federal Capital Territory High Court.
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The former governor is challenging the validity of the search warrant used in the operation, alleging that it contained material drafting errors and was improperly executed. He is seeking the return of the seized items and ₦1 billion in general, exemplary and aggravated damages.
September 22, (THEWILL) – The Federal Government has urged the Federal High Court in Abuja to dismiss the ₦1 billion fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir el-Rufai, over the search of his Abuja residence by operatives of the Independent Corrupt Practices and Other Related Offences Commission.
The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, made the request in a counter-affidavit filed in opposition to the suit.
At proceedings on Monday, Fagbemi was represented by Maimuna Lami-Shiru, a lawyer from the Federal Ministry of Justice, who informed the court that the AGF had filed a counter-affidavit challenging the claims contained in el-Rufai’s application.
In the counter-affidavit, the AGF argued that the ICPC and the Inspector-General of Police acted within the ambit of the law in searching the former governor’s residence and taking away items in the course of the investigation.
Fagbemi also contended that the items seized during the operation were necessary to facilitate the completion of the investigation being conducted by the anti-corruption agency.
The AGF further argued that El-Rufai failed to disclose any reasonable cause of action capable of warranting the reliefs sought from the court.
El-Rufai Challenges Search Warrant
Marked FHC/ABJ/CS/345/2026, El-Rufai’s suit is challenging the legality of the search of his residence at Aso Drive, Abuja.
The former governor is asking the court to declare the search warrant dated February 4 and issued by an FCT magistrate invalid, null and void. He argued that the warrant was legally defective because of what he described as “material drafting errors and ambiguity in execution parameters.”
According to him, the search and invasion of his residence pursuant to the allegedly defective warrant amounted to a gross violation of his fundamental rights.
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El-Rufai is also asking the court to order the ICPC and the Inspector-General of Police to return all items seized from his residence during the operation.
In addition, he is seeking ₦1 billion as general, exemplary and aggravated damages over the alleged violation of his fundamental rights.
The former governor’s action is therefore seeking both judicial declarations on the validity of the warrant and monetary compensation for the alleged infringement.
AGF Counters Rights Violation Claims
In his response, however, Fagbemi rejected the former governor’s contention that the search was unlawful. The AGF maintained that the respondents acted within the law and that the items removed from the residence were relevant to the investigation.
The Federal Government also questioned the competence of the action, arguing that el-Rufai had not established sufficient grounds for the Federal High Court to grant the reliefs contained in his application.
A major plank of the Federal Government’s opposition to the suit is the claim that the former governor has instituted multiple cases over the same subject matter.
Fagbemi argued that the fundamental rights suit constituted an abuse of court process because two other suits concerning the search of el-Rufai’s residence are pending before the FCT High Court. He consequently urged the Federal High Court to dismiss the action on that basis, as well as for failure to establish a reasonable cause of action.
The government’s position is that the search and seizure were undertaken as part of a lawful investigation and that the agencies involved acted pursuant to their statutory powers.
Justice Joyce Abdulmalik, who is presiding over the case, adjourned proceedings to October 27, 2026, to enable el-Rufai’s legal team to respond to the AGF’s counter-affidavit.
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