El-Rufai drops case against Abuja magistrate in N1 billion royalties case

Former Kaduna State Governor, Nasir El-Rufai, on Tuesday withdrew his fundamental rights enforcement case against a Chief Magistrate at the FCT Magistrates Court, named as the 2nd defendant, in the billion-dollar case.

Ugochukwu Nnakwu, who appeared for the former governor, briefed Justice Joyce Abdulmalik of the Federal High Court, Abuja, shortly after the case was called for consideration of his ex parte motion.

The withdrawal followed Justice Abdulmalik’s remark on Wednesday when the matter was heard.

The judge poked holes in the case for failing to specify the magistrate sued as the second defendant.

Nnakwu then asked for an adjournment to correctly identify the name of the magistrate used.

On Tuesday, when the hearing resumed, Nnakwu informed the court that the matter was scheduled for hearing of their ex parte motion for substitute service of all court documents on the 2nd defendant (magistrate).

He, however, said that a motion had been made to withdraw the case against the 2nd defendant.

He said the motion, dated March 30, was filed on the same date.

“We request my lord to strike out the name of the 2nd defendant as a party in this suit,” the lawyer prayed.

He also asked the court to strike out ex parte their earlier motion filed before the court.

Ezekiel Rimamsomte, appearing for the police; Maimuna Shiru, representing the Attorney General of the Federation (AGF), and Abdul Mohammed, SAN, counsel to the Independent Corrupt Practices and Other Related Crimes Commission (ICPC), did not oppose the application.

Judge Abdulmalik, in a short ruling, struck the magistrate’s name from the case and also struck out the motion ex parte.

Nnakwu then asked for an adjournment to allow him to amend the suit.

But Mohammed did not agree with the lawyer’s request to amend the case.

Mohammed, who drew the court’s attention to findings one, two and three of the former governor’s suit, said the prayers complained about the magistrate’s search warrant issued to the investigating agency.

According to the senior advocate, clearing the name of the 2nd accused means that there is no case before this court.

In response, the judge told Mohammed to be patient to allow the plaintiff to progress his case as he wishes.

“Lawyer (addressing Mohammed), you are exaggerating. You can respond by submitting a sworn counter-affidavit,” he said.

Justice Abdulmalik then adjourned the matter until June 17 at Nnakwu’s motion to allow him to present an amended trial.

El-Rufai seeks damages of $1 billion against ICPC, the Chief Magistrate at the FCT Magistrates Court, Abuja; IG and AGF, nominated by the 1st to 4th interviewees respectively.

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

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 judge was therefore asked to dismiss the case in its entirety.