Former Kaduna State Governor, Nasir El-Rufai, has withdrawn his fundamental rights enforcement suit against a Chief Magistrate of the Federal Capital Territory (FCT) Magistrate’s Court in his ongoing ₦1 billion damages case.
The development emerged on Tuesday during proceedings at the Federal High Court in Abuja, presided over by Joyce Abdulmalik.
El-Rufai’s counsel, Ugochukwu Nnakwu, informed the court that a motion filed on March 30 sought to remove the magistrate—previously listed as the second defendant—from the case.
He urged the court to strike out the magistrate’s name and also discard an earlier application requesting substituted service of court documents.
Lawyers representing the Nigeria Police Force, the Attorney-General of the Federation, and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) did not oppose the application.
Justice Abdulmalik subsequently granted the request, removing the magistrate from the suit and striking out the related ex parte motion from the court’s record.
Following this, Nnakwu sought an adjournment to allow for amendments to the suit.
However, counsel to the ICPC, Abdul Mohammed (SAN), objected, arguing that the case had effectively lost its foundation after the magistrate’s removal.
He maintained that several of the claims were directly tied to the search warrant issued by the magistrate, and without that link, the suit could not stand.
The judge, however, advised counsel to follow due process and respond appropriately rather than preemptively challenging the case. She noted that objections could be raised through a counter-affidavit.
The matter was subsequently adjourned until June 17 to enable the plaintiff to file an amended application.
Background to the Case
El-Rufai’s ₦1 billion suit names the ICPC, the FCT Chief Magistrate, the Inspector-General of Police, and the Attorney-General of the Federation as defendants.
Filed on February 20 under suit number FHC/ABJ/CS/345/2026, the case challenges a search conducted at his Abuja residence, located at No. 12 Mambilla Street, Aso Drive, on February 19.
Through his lawyer, Oluwole Iyamu (SAN), the former governor is asking the court to declare the search unlawful, arguing that it violated his constitutional rights, including dignity, personal liberty, fair hearing, and privacy.
He further contended that any evidence obtained during the operation should be deemed inadmissible in court.
ICPC and Police Respond
In response, the ICPC stated that the search was carried out following a petition and was backed by a valid warrant issued a day earlier.
The agency said its operatives executed the warrant within a specified timeframe and in the presence of El-Rufai’s family members, including his wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.
The anti-corruption commission also claimed that several items were recovered during the exercise and urged the court to dismiss the suit.
Similarly, the police defended their role, insisting that the operation was conducted in line with due legal process.
They argued that the warrant was lawfully obtained and properly executed by officers.
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In their submission, the police accused El-Rufai of attempting to use legal proceedings to obstruct ongoing investigations, urging the court to reject his claims.