The Attorney General of the Federation and Minister of Justice, Prince Lateef Fagbemi, SAN, has asked the Federal High Court in Abuja to dismiss a ₦1 billion fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir El-Rufai.
The suit, marked FHC/ABJ/CS/345/2026, was filed against the Attorney General, the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Inspector-General of Police over the search of El-Rufai’s Abuja residence in February.
At Monday’s proceedings, Fagbemi, through counsel from the Federal Ministry of Justice, filed a counter-affidavit challenging the former governor’s claims and arguing that the ICPC and police acted within the law during the operation.
El-Rufai is challenging the validity of the search warrant used by the authorities to search his residence on Mambilla Street, Aso Drive, Abuja.
The former governor is asking the court to declare the warrant invalid and the search unlawful, alleging that the operation violated his constitutional rights to dignity, personal liberty, fair hearing and privacy.
He is also asking the court to order the return of items allegedly seized during the search and to restrain the respondents from using the recovered materials as evidence in any investigation or prosecution involving him.
El-Rufai is seeking ₦1 billion in general, exemplary and aggravated damages over the alleged violation of his fundamental rights.
Fagbemi, however, rejected the allegations and urged the court to dismiss the case.
The AGF argued that the respondents acted within their statutory powers and that El-Rufai had failed to establish a reasonable cause of action capable of supporting the reliefs he is seeking.
He also contended that the suit amounted to an abuse of court process because, according to his counter-affidavit, there are other pending cases concerning the same subject matter before the High Court of the Federal Capital Territory.
The ICPC has similarly maintained that the search formed part of an investigation arising from a petition against the former governor and that its operatives acted pursuant to a valid search warrant.
The police have also defended the operation, maintaining that their officers lawfully executed a warrant issued by a competent court.
Justice Joyce Abdulmalik granted the AGF's application to regularise his counter-affidavit and adjourned the matter until October 27, 2026, to enable El-Rufai’s counsel to respond.
The court has not yet determined whether the search was lawful or whether El-Rufai is entitled to the ₦1 billion damages he is seeking.
The case therefore remains pending, with both sides maintaining opposing positions over the legality of the search and the handling of materials recovered from the former governor’s residence.
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