The Federal High Court in Abuja has raised concerns over the fundamental rights enforcement suit filed by Nasir El-Rufai against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and four other respondents. The court's reservations stem from the fact that one of the respondents, a magistrate, had not yet been served with the application.

Justice Joyce Abdulmalik questioned the application after being informed that the second respondent had not been served. The court then asked El-Rufai's lawyer, Ugochukwu Nnakwu, to specify the magistrate named in the suit. Nnakwu agreed to the court's intervention and requested an adjournment to regularize the process.

The lawyers for the other respondents, including R.N. Maiguru (Inspector-General of Police) and Chima Augustine (Attorney-General of the Federation), did not oppose the application. The court has adjourned the matter until March 31 for the hearing of the pending motion and ordered that a hearing notice be issued and served on the second respondent.

El-Rufai's suit, which seeks N1 billion in damages, alleges that the search and invasion of his Abuja residence by ICPC and the I-G on February 19 violated his rights to dignity, personal liberty, fair hearing, and privacy. The ex-governor has requested that the court declare any evidence obtained from the search as inadmissible and sought an injunction restraining the respondents from using any seized items.

The ICPC has countered that it received a petition against El-Rufai and conducted the search pursuant to a valid warrant issued on February 18. The operation was witnessed by El-Rufai's wife and son, and the commission has listed items recovered during the search.

💡 NaijaBuzz Take

The court's decision to raise concerns over the suit filed by El-Rufai against the ICPC and other respondents highlights the need for due process in high-profile cases. The fact that one of the respondents had not been served with the application raises questions about the legitimacy of the proceedings. The ICPC's claim that it conducted the search pursuant to a valid warrant issued on February 18 may not be enough to justify the invasion of El-Rufai's privacy. The outcome of this case will have significant implications for the protection of citizens' rights in Nigeria.