Court grants ICPC’s request to access, analyze devices…

The Federal High Court, Abuja, on Thursday, gave the Independent Corrupt Practices and Other Related Crimes Commission (ICPC), the green light to access and analyze electronic devices recovered from the residence of former governor Nasir el-Rufai of Kaduna State.

Justice Joyce Abdulmalik granted the order following an ex parte motion made to that effect by ICPC lawyer Osuobeni Akponimisingha.

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Akponimisingha, in presenting the motion, had asked for an order granting the commission permission to access and analyze the contents of the devices.

He said this was for the purpose of inspection, forensic examination and forensic extraction of data to support the ongoing investigation into the former governor.

The News Agency of Nigeria (NAN) reports that about 14 electrical devices were recovered by commission agents during a search at the former governor’s house in Abuja.

The devices include a Sony HD-EGS storage device, an ITB Transcend storage device, a Toshiba storage device, a Samsung mobile phone, a Nokia – N958GB mobile phone, a Blackberry mobile phone device and a Google IDEOS phone.

Others are a Samsung SPO802N storage device, a Remarkable tablet, an Apple MacBook Pro – black, a Seagate Freeagent external desktop drive, a ZTE mobile phone, 10 flash drives and a Microcell memory card.

The ex parte motion is marked: FHC/ABJ/CS/499/2026 between the Federal Republic of Nigeria and Nasir Ahmad el-Rufai.

NAN reports that el-Rufai is currently before the same court, contesting the search of his home and seeking, among other things, $1 billion in compensation.

In the case relating to respect for fundamental rights, the former governor appointed ICPC, Chief Magistrate at the FCT Magistrates Court, Abuja; the Inspector General (IG) of Police and the Attorney General of the Federation (AGF) 1st to 4th respondents respectively.

The former governor, in the original notice motion marked: FHC/ABJ/CS/345/2026, dated and filed on February 20 by Oluwole Iyamu, SAN, sought seven compensations.

He prayed the court to declare that the invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 at about 2pm by the ICPC and the IG amounted to a gross violation of the appellant’s fundamental rights.

He said it was a violation of human dignity, personal liberty, fair trial and privacy under sections 34, 35, 36 and 37 of the Constitution.”

He urged the court to declare that “any evidence obtained pursuant to the aforementioned invalid warrant and illegal search is inadmissible in any proceedings against the appellant, as it was procured in violation of constitutional safeguards.”

el-Rufai, therefore, sought an injunction order restraining the defendants and their agents from further relying on, using or presenting any evidence or items seized during the unlawful search in any investigation, prosecution or proceeding involving him.

He sought an order directing the first and third respondents (ICPC and IG) to immediately return all items seized from the appellant’s premises during the unlawful search, together with a detailed inventory thereof.

He also sought an order awarding the sum of N1,000,000,000.00 (One Billion Naira) as general, exemplary and aggravated damages, among others.

Responding, in its counter-affidavit, the ICPC said it received a petition against El-Rufai and, based on the petition, initiated an investigation, which led to the search of his residence.

He maintained that his officers acted on a valid search warrant issued on February 18 and executed on February 19 between 1.37pm and 3.56pm at 12 Mambilla Street, Asokoro, Abuja.

The commission said its officials were accompanied by personnel from the Nigeria Police Force and that the exercise was witnessed by el-Rufai’s wife, Hadiza el-Rufai, and his son, Mohammed el-Rufai.

The ICPC, which urged the court to dismiss the case, listed the items allegedly recovered from the residence.

The police, also in their counter-affidavit filed by Inspector Ewa Anthony, argued that they have the legal power to identify, arrest, investigate and prosecute offenders.

He argued that the search carried out at el-Rufai’s residence was carried out pursuant to a search warrant issued by a competent court.

He disagreed with the former governor that the search warrant was invalid, insisting that it was a genuine court order.

He said the officers who carried out the operation complied with all applicable legal procedures in executing the search warrant.

According to the police, the applicant is trying to use the honorable court to protect him from security investigations and prosecution in court.

The Court is therefore requested to dismiss the case in its entirety.(NAN)

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