The Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, has asked the Federal High Court in Abuja to dismiss the ₦1 billion fundamental-rights action instituted by former Kaduna State Governor Nasir El-Rufai over the search of his Abuja residence.
The suit, marked FHC/ABJ/CS/345/2026, is before Justice Joyce Abdulmalik. The Independent Corrupt Practices and Other Related Offences Commission, the Inspector-General of Police and the Attorney-General of the Federation are the remaining respondents.
El-Rufai is challenging the February 19, 2026 search of his residence on Mambilla Street, Aso Drive, Abuja. He argues that the operation infringed constitutional protections including his rights to dignity, personal liberty, fair hearing and privacy.
He is also asking the court to declare evidence obtained during the search inadmissible on the ground that it resulted from what he alleges was an invalid warrant and unlawful search. His other reliefs include the return of items allegedly removed from the residence, an inventory of those items and ₦1 billion in general, aggravated and exemplary damages.
The respondents dispute his case.
According to the ICPC’s counter-affidavit, the Commission received a petition concerning El-Rufai and commenced an investigation that led to the search. It maintains that its operatives acted pursuant to a search warrant issued on February 18 and executed the following day.
The Commission said police officers accompanied its personnel and maintained that the operation took place in the presence of members of El-Rufai’s family. It has asked the court to dismiss the former governor’s claims.
The Police have similarly maintained that the search was executed under a warrant issued by a competent court and in accordance with applicable procedure. These are the respondents’ positions before the court and have not yet been finally determined.
At the latest proceedings, counsel for the AGF sought leave to regularise a counter-affidavit challenging the suit. Justice Abdulmalik granted the application and adjourned the matter to October 27, 2026, for definite hearing.
The case could require the court to examine an important intersection between investigative powers and constitutional privacy protections: when can anti-corruption agencies search a private residence, what makes a search warrant legally valid, and what remedies follow where a search is ultimately found unlawful?
It could also address the consequences for evidence obtained during a contested search, although those questions remain for the court and no final finding has been made on the legality of the February operation.
READ MORE: ICPC Charges El-Rufai’s Former Chief of Staff and Finance Officer with Money Laundering
SOURCE: The Guardian Nigeria
