The Federal High Court in Abuja on Tuesday mounted 2 December for judgement in a N1 billion elementary rights suit filed by former Kaduna State Governor Nasir El-Rufai in opposition to the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and others.
Mr El-Rufai filed the suit, alleging that operatives of the ICPC and the police violated his rights following the search of his Abuja home on 20 February.
Judge Joyce Abdulmalik mounted the date after the adoption of filings and last arguments by attorneys representing the events in the case.
Mr El-Rufai’s lawyer, Ubong Akpan, a Senior Advocate of Nigeria (SAN), was absent in the beginning of Tuesday’s listening to, prompting the decide to deem the processes filed on behalf of the previous governor as adopted.
But Mr Akpan later walked into the courtroom and apologised for his lateness. He requested to talk however the decide knowledgeable him that his filings had been deemed adopted.
The News Agency of Nigeria (NAN) studies that the ICPC and the 2 different co-respondents sued in the suit – the Inspector-General of Police (IGP) and the Attorney-General of the Federation (AGF) – had been represented by their respective attorneys all through the proceedings.
While Abdul Mohammed, a Senior Advocate of Nigeria (SAN) appeared for the ICPC, Ezekiel Rimamsomte, an assistant commissioner of police represented the IGP and Maimuna Lami-Shiru, Director of Civil Litigation and Public Law represented the AGF.
The attorneys took their turns to undertake their filings and name for the dismissal of the suit.
The decide mounted 2 December for judgement.
NAN studies that tNAN studies that the ex-governor sued the ICPC, the IGP, and the AGF over an alleged invasion of his Abuja residence in February this 12 months.
He initially joined a Chief Magistrate on the Magistrate’s Court of the FCT, Abuja, as a defendant.
However, he later dropped the Justice of the Peace from the case as a result of he couldn’t establish the particular Justice of the Peace who allegedly issued the order allowing the search of his Abuja house.
In the suit, he sought N1 billion in damages in opposition to the ICPC, the IGP and the AGF.
He urged the courtroom to declare that the invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, at about 2 p.m. on 19 February by the ICPC amounted to a gross violation of the applicant’s elementary rights.
He stated that the search violated the dignity of the human individual, private liberty, truthful listening to, and privateness beneath sections 34, 35, 36, and 37 of the Nigerian structure.
He urged the courtroom to declare 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.”
Mr El-Rufai, due to this fact, sought an order of injunction restraining the respondents and their brokers from additional counting on, utilizing, or tendering any proof or objects seized in the course of the illegal search in any investigation, prosecution, or proceedings involving him.
He sought an order directing the ICPC and IGP to forthwith return all objects seized from the applicant’s premises in the course of the illegal search, together with an in depth stock.
He additionally sought an order awarding N1 billion in basic, exemplary, and aggravated damages, amongst others.
ICPC, police, AGF oppose suit
Responding, in its counter affidavit, the ICPC said it obtained a petition in opposition to Mr El-Rufai and performing on it, commenced an investigation that led to the search at his residence.
It argued its operatives acted beneath a sound search warrant issued on Feb. 18 and executed on Feb. 19 between 1:37 p.m. and three:56 p.m. at 12 Mambilla Street, Asokoro, Abuja.
The fee stated its officers had been accompanied by personnel of the Nigeria Police Force, and that the train was witnessed by Mr El-Rufai’s spouse, Hadiza El-Rufai, and his son, Mohammed El-Rufai.
The ICPC, which urged the courtroom to dismiss the suit, listed the objects allegedly recovered from the residence.
The police, additionally in its counter affidavit deposed to by Insp Ewa Anthony, argued that it had the statutory energy to detect, arrest, examine and prosecute offenders.
It argued that the search carried out at Mr El-Rufai’s residence was executed pursuant to a search warrant issued by a reliable courtroom of legislation.
The anti-graft company disagreed with the ex-governor that the search warrant was invalid, insisting it was a real courtroom order.
It stated its officers complied with all relevant authorized procedures when executing the search warrant and urged the courtroom to dismiss the suit.
Also, the IGP referred to as for the dismissal of the suit in a counter-affidavit filed on his behalf.
Ewa Anthony, an inspector who swore the affidavit said that the search carried out at Mr El-Rufai’s residence was executed pursuant to a search warrant issued by a reliable courtroom of legislation.
He disagreed with the ex-governor that the search warrant was invalid, insisting that it was a real courtroom order.
The counter-affidavit said that law enforcement officials who carried out the operation, complied with all relevant authorized procedures in executing the search warrant.
According to the IGP, the applicant was solely attempting to make use of the courtroom to protect himself from investigation and prosecution.
He, due to this fact, prayed the courtroom to dismiss the suit.
The AGF equally denied Mr El-Rufai’s allegations.
In the counter-affidavit filed on his behalf, the AGF said that the ICPC and IGP acted inside their statutory capabilities.
He added that the ICPC and the police seized some objects from Mr El-Rufai’s home for investigative functions.
He submitted that the suit was an abuse of courtroom processes as a result of the previous governor had two pending fits on the identical material earlier than the FCT High Court.
The AGF stated Mr El-Rufai’s suit lacked benefit, arguing there was no authorized or evidential justification to help all of the claims and prayers sought by him. He additionally urged the courtroom to dismiss it in its entirety.
El-Rufai’s authorized battles
Mr El-Rufai has been in ICPC custody since February primarily based on a courtroom order in Kaduna denying him bail in a corruption trial.
The ICPC is prosecuting him on corruption expenses earlier than two separate courts in Kaduna.
He can be facing prosecution by the State Security Service (SSS) in Abuja on expenses of unlawfully intercepting the phone communications of National Security Adviser (NSA) Nuhu. Ribadu.
READ ALSO: Court strikes cybercrime charges against man accused of threatening governor
Meanwhile, the N1 billion elementary rights suit is a part of a string of instances he has launched in opposition to legislation enforcement businesses since his detention.
He not too long ago misplaced two of the instances.
On 8 October, the Federal High Court in Abuja dismissed his suit searching for to restrain the EFCC, ICPC, the SSS and the AGF from freezing his financial institution accounts or seizing his properties. The decide was Ms Abdulmalik who’s dealing with Mr El-Rufai’s suit in opposition to the search of his home.
On 19 October, the FCT High Court in Maitama, Abuja, dismissed his N120 million claims he filed following an try to arrest him by safety operatives on the airport in Abuja earlier in the 12 months.
The detained former governor has one other pending N10 billion suit in opposition to the ICPC for allegedly denying his spouse and his son entry to him in custody.
Discover extra from Premium Times Nigeria
Subscribe to get the most recent posts despatched to your e mail.
