The Federal High Court in Abuja has condemned the fundamental rights suit filed by former Kaduna State governor Nasir El-Rufai against the Independent Corrupt Practices and Other Related Offenses Commission (ICPC) and four others.
The presiding judge, Justice Joyce Abdulmalik, criticized the application after Ugochukwu Nnakwu, appearing for El-Rufai, informed the judge that he was unable to serve the magistrate, sued alongside others as the second respondent in the case.
When the case was called on Wednesday 25 March 2026, all parties, except the second respondent (magistrate), were represented in court.
Isaac Akwo, appearing for the ICPC, prayed the court to adjourn the matter until midday to allow his superior, Abdu Mohammed (SAN), who was at the Supreme Court on another case, to handle the matter.
But Judge Abdulmalik rejected the request, saying he had another meeting to attend.
The judge then asked about the second defendant.
Responding, Nnakwu told the court that “the second respondent had not yet been served” and that he had made an application for substituted service in this regard.
Nnakwu then began making the motion for substitute service before the judge stopped her.
He asked the lawyer to specify the chief magistrate named in the case.
Nnakwu, therefore, acknowledged the judge’s intervention and asked for an adjournment of the date to regularize the trial.
Lawyers appearing for other respondents, including RN Maiguru (Inspector General of Police) and Chima Augustine for the Attorney General of the Federation (AGF), did not oppose the application.
ICPC accuses El-Rufai of N579.7 million fraud and $817,900 suspicious transactions
Judge Abdulmalik subsequently adjourned the matter to March 31 for the hearing of the pending motion.
The judge also ordered the issuance of a notice of hearing to be served on the 2nd respondent.
El-Rufai is seeking $1 billion in damages against the ICPC, the Chief Magistrate at the FCT Magistrates Court, the IGP and the AGF.
El-Rufai asked the court to declare the February 19 search of his residence by the ICPC and the Nigerian Police Force illegal and a violation of his fundamental rights.
In the lawsuit filed by his lawyer, Oluwole Iyamu (SAN), El-Rufai also asked the court to reject any evidence obtained during the search, order the return of the seized items, prevent the authorities from using them and award him $1 billion in damages.
However, the ICPC opposed the lawsuit, saying it acted on a petition and executed a valid search warrant issued on Feb. 18, urging the court to dismiss the case.
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