Reported by: Ijeoma G | Edited by: Carmen Diego
Former Kaduna State Governor Nasir El-Rufai has instituted a N1 billion fundamental rights enforcement suit against the Independent Corrupt Practices and Other Related Offences Commission, alleging an unlawful invasion of his residence in Abuja by operatives of the anti-graft agency.
The suit, filed before the Federal High Court in Abuja, challenges what the former governor describes as a violation of his constitutional rights to privacy, dignity and protection from unlawful search. According to court documents, El-Rufai is seeking declaratory reliefs affirming that the alleged entry into his home without due process contravened provisions of the 1999 Constitution of the Federal Republic of Nigeria.
In his application, the former governor contends that operatives of the ICPC entered or attempted to enter his Abuja residence without a valid warrant or lawful justification. He argues that the action amounted to an infringement of his fundamental human rights and caused reputational damage. The N1 billion claim is sought as exemplary and general damages for what he terms an unlawful and humiliating intrusion.
El-Rufai, who served two terms as governor of Kaduna State between 2015 and 2023, maintains that he has not been formally notified of any investigation warranting such enforcement action. His legal team asserts that any search or investigative step taken without adherence to statutory safeguards undermines the rule of law and due process.
The ICPC has not publicly released a detailed response to the lawsuit at the time of filing. The Commission, established under federal law to investigate and prosecute corruption-related offences, possesses statutory authority to carry out searches and seizures subject to judicial authorization. Legal observers note that the outcome of the case may hinge on whether due process requirements, including procurement of a valid search warrant, were satisfied.
Fundamental rights enforcement suits in Nigeria are typically brought under the Fundamental Rights (Enforcement Procedure) Rules, which allow individuals to seek redress where they believe state actors have infringed constitutionally guaranteed freedoms. Such applications are often determined based on affidavit evidence, documentary exhibits and, where necessary, oral arguments.
The filing of the suit adds another layer to the complex relationship between political officeholders and anti-corruption institutions in Nigeria. While anti-graft agencies are mandated to pursue investigations irrespective of political status, critics have at times questioned the procedural conduct of certain enforcement actions, particularly when they involve high-profile figures.
Legal analysts say the court will likely examine whether the ICPC acted within its investigative mandate and complied with procedural safeguards governing searches of private premises. The determination may also consider whether any exigent circumstances justified immediate action or whether prior judicial authorization was obtained.
El-Rufai has remained an influential figure in Nigeria’s political landscape following his tenure in Kaduna. His administration was marked by ambitious reforms in public finance, education and infrastructure, as well as controversies that attracted both domestic and international attention. The present legal action places him once again at the centre of national scrutiny.
Should the court find merit in his claims, it could award damages and issue declaratory or injunctive orders against the Commission. Conversely, if the ICPC demonstrates lawful authorization and procedural compliance, the suit may be dismissed. In either scenario, the proceedings are expected to generate broader debate about investigative transparency, constitutional safeguards and the balance between enforcement powers and civil liberties.
The case is anticipated to proceed in the coming weeks, with both parties preparing to present affidavits and legal arguments. As the matter unfolds, it will test the contours of constitutional protections and the operational boundaries of anti-corruption enforcement in Nigeria’s federal system.
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