N1bn Suit: El-Rufai drops magistrate from Rights Case

Former Kaduna State Governor, Nasir El-Rufai, on Tuesday withdrew his fundamental rights enforcement suit against a magistrate in his N1bn claim pending before the Federal High Court in Abuja.

The move followed concerns raised by the trial judge, Justice Joyce Abdulmalik, over the failure of the plaintiff to properly identify the magistrate listed as the second defendant.

At the resumed hearing, counsel to El-Rufai, Ugochukwu Nnakwu, informed the court that a motion dated March 30 had been filed to discontinue the case against the magistrate. He subsequently urged the court to strike out the magistrate’s name and a pending ex parte application seeking substituted service of court processes.

Counsel to the respondents, including the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the Nigeria Police Force and the Attorney-General of the Federation, did not oppose the application.

In a brief ruling, Justice Abdulmalik struck out the name of the magistrate and the ex parte motion.

Following the ruling, El-Rufai’s counsel sought an adjournment to enable the plaintiff amend the originating processes.

However, counsel to the ICPC, Abdul Mohammed (SAN), opposed the request, arguing that the substance of the suit was tied to the search warrant issued by the magistrate, adding that removing the magistrate renders the case incompetent.

“Having struck out the name of the second defendant, it means there is no case before this court,” he argued.

But the judge disagreed, cautioning counsel against pre-empting proceedings.

“You are jumping the gun. You can respond by filing a counter-affidavit,” Justice Abdulmalik said.

The court subsequently adjourned the matter to June 17 to allow the plaintiff file amended processes.

El-Rufai had instituted the suit marked FHC/ABJ/CS/345/2026, seeking seven reliefs, including N1bn in damages against the ICPC, the Inspector-General of Police, the magistrate and the Attorney-General of the Federation.

The former governor is challenging the legality of a search conducted at his residence in Asokoro, Abuja, on February 19, 2026.

He alleged that the operation violated his fundamental rights to dignity, personal liberty, fair hearing and privacy as guaranteed under the 1999 Constitution.

El-Rufai is also seeking a declaration that any evidence obtained from the search is inadmissible, alongside an injunction restraining the respondents from using such materials in any investigation or prosecution.

In their defence, the ICPC and the police maintained that the search was carried out based on a valid warrant issued by a competent court.