Court Raises Fresh Concerns In El-Rufai’s ₦1bn Rights Suit Against ICPC

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The presiding judge, Justice Joyce Abdulmalik, expressed dissatisfaction after counsel to the applicant, Ugochukwu Nnakwu, informed the court that the second respondent, identified as a magistrate, had yet to be served with court processes. It was observed that all other parties in the matter were duly represented except the said respondent.

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During the proceedings, counsel for the ICPC, Isaac Akwo, sought a short adjournment to enable his senior colleague, Abdu Mohammed (SAN), to appear before the court. However, the request was declined by the court on account of prior engagements.

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Justice Abdulmalik subsequently directed the applicant’s counsel to clearly identify the magistrate listed in the suit. In response, Nnakwu acknowledged the court’s observation and requested an adjournment to regularize the service process.

The request for adjournment was not opposed by counsel representing other respondents, including those for the Inspector-General of Police and the Attorney-General of the Federation.

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Following this, the court adjourned the matter until March 31 for the hearing of the pending motion and ordered that a hearing notice be issued and properly served on the second respondent.

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The report further noted that the suit stems from allegations by El-Rufai that operatives unlawfully invaded his Abuja residence. In the action, he is seeking a declaration that the search warrant issued by a Chief Magistrate in the Federal Capital Territory is invalid, null, and void, as well as the return of items allegedly seized during the operation alongside a comprehensive inventory.

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In response, the ICPC, through a counter-affidavit, maintained that its actions were based on a petition received against the former governor and that the search was carried out under a valid warrant issued on February 18. The Nigerian Police also defended its role, insisting that the operation was lawful and urging the court to dismiss the suit, arguing that the applicant is attempting to obstruct a legitimate investigation and potential prosecution.