BREAKING!: El-Rufai Withdraws Suit Against Magistrate in N1bn Rights Case, Bail Hearing Shifted
Former Kaduna State Governor, Nasir El-Rufai, has withdrawn his fundamental rights enforcement suit against a magistrate in his ongoing N1 billion claim before the Federal High Court in Abuja.
The decision was announced on Tuesday during proceedings before Justice Joyce Abdulmalik, following concerns raised by the court over the failure of the plaintiff to properly identify the magistrate listed as the second defendant.
At the resumed hearing, 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. He subsequently urged the court to strike out the magistrate’s name from the suit, along with a pending ex parte application seeking substituted service of court documents.
Lawyers representing 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 granted the request, striking out the magistrate’s name as well as the ex parte motion.
Following the ruling, Nnakwu 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 substantive claims in the suit were tied to the search warrant issued by the magistrate.
He maintained that with the magistrate no longer a party to the case, the suit had become incompetent. “Having struck out the name of the second defendant, it means there is no case before this court,” he argued.
The court, however, disagreed with the submission. Justice Abdulmalik cautioned against pre-empting proceedings, noting that the respondents still had the opportunity to respond through appropriate legal processes.
“You are jumping the gun. You can respond by filing a counter-affidavit,” the judge stated.
The matter was subsequently adjourned until June 17 to allow for the amendment of the originating processes.
El-Rufai had filed the suit, marked FHC/ABJ/CS/345/2026, seeking seven reliefs, including N1 billion 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, alleging 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, as well as an injunction restraining the respondents from using such materials in any investigation or prosecution.
In response, the ICPC and the police maintained that the search was carried out based on a valid warrant issued by a competent court. The anti-graft agency stated that the operation followed a petition against El-Rufai and was conducted in the presence of his family members, with items recovered from the premises.
Similarly, the police insisted that their officers acted within the law, noting that the warrant was duly obtained and properly executed. Both agencies urged the court to dismiss the suit, accusing the former governor of attempting to obstruct ongoing investigations.
In a related development, the Federal High Court in Kaduna has adjourned the hearing of El-Rufai’s bail application until Wednesday. Proceedings in the matter were conducted under tight security, reflecting heightened public interest in the high-profile case.
Counsel to the former governor, Ukpong Akpan, confirmed the adjournment shortly after the session but declined to provide further details.