IGP Olatunji Disu Asks Court to Dismiss El-Rufai’s N1bn Rights Suit Over Abuja Home Search
The Inspector-General of Police, Olatunji Disu, has asked the Federal High Court in Abuja to dismiss a fundamental rights enforcement suit filed by former Kaduna State governor, Nasir El-Rufai, challenging the search of his residence in the Federal Capital Territory.
PulseNets learnt that El-Rufai approached the court seeking N1 billion in damages, alleging that the search conducted at his Abuja residence violated his constitutional rights.
Court documents obtained by PulseNets show that the suit was filed against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Chief Magistrate Court of the Federal Capital Territory, the Inspector-General of Police, and the Office of the Attorney-General of the Federation.
The former governor is contesting the legality of the search carried out at his residence on Mambilla Street in the Asokoro area of Abuja, an operation he said led to the seizure of several items by security operatives.
In a counter-affidavit filed before the court, the police chief urged the court to dismiss the suit, maintaining that the search was conducted lawfully and within the powers granted to the Nigeria Police under existing laws.
PulseNets reported that the IGP argued the operation was not arbitrary but executed through proper legal procedures. He told the court that officers involved in the exercise acted on a valid search warrant issued by a competent court.
According to the police submission obtained by PulseNets, the warrant authorised investigators to search the property as part of an ongoing investigation. The IGP maintained that the warrant was duly obtained and executed in accordance with established procedures.
The police boss also accused El-Rufai of attempting to use the legal process to shield himself from investigation and potential prosecution. He argued that law enforcement agencies possess the statutory authority to detect crimes, investigate suspects, and prosecute offenders when necessary.
However, El-Rufai is disputing the legitimacy of the warrant used during the operation.
In the suit before the court, the former governor asked the court to declare that the search warrant issued on February 4 by a Chief Magistrate in Abuja is invalid and should be set aside.
He argued that the document was poorly drafted and lacked sufficient details. According to the filing seen by PulseNets, El-Rufai claimed the warrant did not clearly specify the items to be seized and contained what he described as significant drafting errors and vague instructions.
The former Kaduna governor also insisted that the operation carried out on February 19 by officials of the ICPC alongside police operatives amounted to a violation of his constitutional rights.
He is asking the court to declare that the search breached his rights to dignity, personal liberty, fair hearing, and privacy as guaranteed under the Nigerian Constitution.
El-Rufai further claimed that the incident caused emotional distress, reputational damage, and humiliation, forming the basis of his demand for N1 billion in general and exemplary damages against the respondents.
During proceedings on Wednesday, the hearing was brief. El-Rufai’s lawyer, Ubong Akpan, informed the court that he had not yet filed a response to the counter-affidavit submitted by the Inspector-General of Police. However, he noted that he had already responded to the filing by the anti-corruption agency.
Counsel representing the police and the ICPC — Abdulsufianu Abubakar and Ezekiel Rimamsomte — did not oppose the request for additional time, PulseNets learnt.
Following the update, the presiding judge, Justice Joyce Abdulmalik, adjourned the case until March 25 for hearing.
The court also directed that hearing notices be issued and served on the Chief Magistrate of the FCT and the Attorney-General of the Federation, who were not represented during the proceedings.
PulseNets learnt that El-Rufai is relying on provisions of the Administration of Criminal Justice Act (ACJA) 2015 and the ICPC Act to support his claims.
Also Read: IGP Olatunji Disu Removes ACP Benjamin Hundeyin as FPRO
According to him, the laws require law enforcement agencies seeking search warrants to present sworn information clearly outlining the grounds for suspicion and specifying the location to be searched as well as the items involved.
He argued that the warrant used during the operation failed to meet these legal requirements, resulting in what he described as an unlawful invasion of his residence.
The case is expected to resume later this month as the Federal High Court begins hearing arguments from all parties involved.
