The Federal High Court in Abuja, on Thursday, gave the Independent Corrupt Practices and Other Related Offences Commission (ICPC), the go-ahead to access and analyse the electronic devices recovered from the residence of former Kaduna State Governor Nasir El-Rufai.
Joyce Abdulmalik granted the order following an ex-parte motion moved by ICPC’s lawyer, Osuobeni Akponimisingha, to the effect.
|
|
Mr Akponimisingha, while moving the motion, sought an order granting the ICPC permission to access and analyse contents of the devices.
He said this was for inspection, forensic examination and data extraction to further its ongoing investigation of the ex-governor.
|
|
|
|---|
The News Agency of Nigeria (NAN) reports that there were about 14 sets of electric devices recovered by the commission’s operatives during a search at the Abuja home of the ex-governor.
The devices include a Sony HD-EGS storage device, a ITB transcend storage device, Toshiba storage device, Samsung mobile phone, Nokia mobile phone – N958GB, Blackberry mobile phone device and a Google IDEOS phone.
Others are a Samsung storage device-SPO802N, Remarkable tablet, Apple MacBook Pro – black, Seagate Freeagent desk external drive, ZTE mobile phone, 10 pieces of flash drives and Microcell memory card.
The motion ex-parte is marked: FHC/ABJ/CS/499/2026 between the Federal Republic of Nigeria and Nasir Ahmad El-Rufai.
NAN reports that Mr El-Rufai’s N1 billion fundamental rights enforcement suit challenging the search of his house is pending before the same judge.
The former governor, who has been in the custody of the ICPC since 18 February, denied the commission access to the devices.
In the fundamental rights enforcement suit, the former governor named ICPC, the Chief Magistrate at the Magistrate’s Court of the FCT, Abuja; the Inspector-General of Police and the Attorney-General of the Federation.
The former governor, through his lawyer, Oluwole Iyamu, a Senior Advocate of Nigeria (SAN), submitted seven prayers in the suit filed on 20 February.
He prayed the court to declare that the invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on 19 February at about 2 p.m. by the ICPC and the police, amounts to a gross violation of the applicant’s fundamental rights.
He said that it was a violation to dignity of the human person, personal liberty, fair hearing, and privacy under Sections 34, 35, 36, and 37 of the Constitution.
He urged the court to declare that “any evidence obtained pursuant to the aforesaid invalid warrant and unlawful search is inadmissible in any proceedings against the applicant, as it was procured in breach of constitutional safeguards.”
MR El-Rufai, therefore, sought an order of injunction restraining the respondents and their agents from further relying on, using, or tendering any evidence or items seized during the unlawful search in any investigation, prosecution, or proceeding involving him.
He sought an order directing the Ist and 3rd respondents (ICPC and Inspector-General of Police) to forthwith return all items seized from the applicant’s premises during the unlawful search, along with a detailed inventory of those items.
He also sought an order awarding the sum of N1 billion in general, exemplary, and aggravated damages, among others.
Responding, in its counter affidavit, the ICPC said it received a petition against El-Rufai and acting on the petition, it commenced an investigation, leading to the search at his residence.
It argued that its operatives acted under a valid search warrant issued on Feb. 18 and executed on Feb. 19 between 1:37 p.m. and 3:56 p.m. at 12 Mambilla Street, Asokoro, Abuja.
The commission said its officials were accompanied by personnel of the Nigeria Police Force, and that the exercise was witnessed by Mr El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.
The ICPC, which urged the court to dismiss the suit, listed the items allegedly recovered from the residence.
The police, also in its counter affidavit deposed to by Insp Ewa Anthony, argued that it had the statutory power to detect, arrest, investigate and prosecute offenders.
READ ALSO: El-Rufai’s lawyer criticises ICPC over ‘leaks’ linking ex-governor to Cairo properties, demands his release
It argued that the search carried out at El-Rufai’s residence was executed pursuant to a search warrant issued by a competent court of law.
It disagreed with the ex-governor that that search warrant was invalid, insisting that it was a genuine court order.
It said that its officers who carried out the operation, complied with all applicable legal procedures in the execution of the search warrant.
According to the police, the applicant is trying to use the honourable court to shield him away from the security investigation and prosecution in the court of law.
It, therefore, prayed the court to dismiss the suit in its entirety.
(NAN)
