Chieftain of the African Democratic Congress (ADC), Nasir El-Rufai, has withdrawn his fundamental rights enforcement suit against an Abuja Chief Magistrate in his N1 billion claim before the federal High Court.
At the hearing on Tuesday, counsel to El-Rufai, Ugochukwu Nnakwu, informed presiding judge, Joyce Abdulmalik, that the former Kaduna State governor had filed a motion to discontinue the case against the magistrate, who was listed as the second defendant.
Nnakwu urged the court to strike out the magistrate’s name from the suit, as well as a pending motion ex parte seeking substituted service of court processes.
Counsel to the respondents — including the police, the attorney-general of the federation, and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) — did not oppose the application.
In a brief ruling, Abdulmalik struck out the magistrate’s name and the ex parte motion.
Nnakwu subsequently applied for an adjournment to amend the originating processes.
However, Abdul Mohammed, counsel to the ICPC, opposed the request, arguing that the substantive reliefs in the suit were tied to the actions of the magistrate, particularly the issuance of the search warrant.
He argued that with the magistrate no longer a party, the suit could no longer stand.
Abdulmalik, however, directed counsel to respond formally.
“Counsel, you are jumping the gun. You can respond to this by filing a counter affidavit,” she said.
The court adjourned the matter to June 17 to allow the plaintiff amend his processes.
El-Rufai had filed the suit marked FHC/ABJ/CS/345/2026 against the ICPC, the chief magistrate of the FCT, the inspector-general of police, and the attorney-general of the federation.
He is seeking N1 billion in damages over what he described as an unlawful search of his residence at 12 Mambilla street, Asokoro, Abuja, on February 19.
The former governor asked the court to declare that the search violated his rights to dignity, personal liberty, fair hearing, and privacy under sections 34, 35, 36, and 37 of the constitution.
He also sought an order declaring that “any evidence obtained pursuant to the aforesaid invalid warrant and unlawful search is inadmissible in any proceedings against the applicant, as it was procured in breach of constitutional safeguards”.
El-Rufai further prayed the court to restrain the respondents from relying on any items recovered during the search and to compel the ICPC and police to return all seized property.
In its counter-affidavit, the ICPC said it acted on a petition against the former governor and carried out the search based on a warrant issued on February 18 and executed the following day.
The commission said police officers accompanied its operatives and that the search was conducted in the presence of el-Rufai’s wife, Hadiza el-Rufai, and his son.
The police, in a separate counter-affidavit, maintained that the search was lawful and carried out pursuant to a valid court order, adding that due process was followed.
Both agencies urged the court to dismiss the suit.
