Former Kaduna State Governor Nasir El-Rufai has withdrawn his fundamental rights enforcement suit against a magistrate in his N1bn claim pending before the Federal High Court in Abuja.
The withdrawal followed concerns raised by the trial judge, Joyce Abdulmalik, over the failure of the plaintiff to properly identify the magistrate listed as the second defendant in the suit.
At the resumed hearing on Tuesday, El-Rufai’s counsel, Ugochukwu Nnakwu, informed the court that a motion dated March 30 had been filed to discontinue the case against the magistrate and requested that the court strike out the magistrate’s name alongside 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, the Nigeria Police Force, and the Attorney-General of the Federation, did not oppose the request.
In a brief ruling, Justice Abdulmalik struck out the magistrate’s name and the ex parte motion from the case. 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 core reliefs in the suit were tied to the search warrant issued by the magistrate and that the case had become incompetent following the magistrate’s removal as a party. The judge disagreed and cautioned counsel against pre-empting proceedings, noting that objections could be raised through a counter-affidavit.
The court subsequently adjourned the matter until 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. He is challenging the legality of a search conducted at his residence in Asokoro, Abuja, on February 19, 2026.
The former governor alleged that the operation violated his fundamental rights to dignity, personal liberty, fair hearing and privacy as guaranteed under the 1999 Constitution. He is also seeking a declaration that any evidence obtained during the search is inadmissible and an order 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 court warrant following a petition against El-Rufai, insisting the operation was lawful and properly executed in the presence of his family members. Both agencies urged the court to dismiss the suit, accusing the former governor of attempting to frustrate ongoing investigations.
