Former Governor Nasir El-Rufai of Kaduna State, on Tuesday, withdrew a fundamental rights enforcement suit against a Federal Capital Territory( FCT) chief magistrate.
The magistrate was named as the second defendant in the case.
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Judge Joyce Abdulmalik of the Federal High Court in Abuja struck out the magistrate from the suit, following a submission by Ugochukwu Nnakwu, lawyer to Mr El-Rufai.
Mr El-Rufai filed the suit in February seeking N1 billion in damages against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and other defendants for alleged violations of his rights during the search conducted at his Abuja residence on 19 February.
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Other defendants originally sued alongside the FCT chief magistrate, who issued the search warrant, are the ICPC the Inspector-General of Police, and the Attorney-General of the Federation (AGF).
Tuesday’s development did not affect other defendants, as the plaintiff continues pressing the legal action against them.
Meanwhile, PREMIUM TIMES had reported that since the filing of the suit on 20 February, hearing had yet to commence despite repeated adjournments.
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On 3 March, the hearing stalled because Mr El-Rufai’s lawyers had not served the suit on the respondents. The court postponed the hearing until 11 March, when proceedings stalled again to allow parties to regularise filings.
Again, on Wednesday, 25 March, Judge Abdulmalik further adjourned hearing until today after it was learnt that the magistrate had yet to be served.
Tuesday’s proceedings
On Tuesday, Mr Nnakwu informed the court that the matter was scheduled for the hearing of the motion ex-parte for substituted service of all court documents on the magistrate.
He, however, said a motion to withdraw the suit against the magistrate had been filed on 30 March, praying the court to strike out the second defendant’s name and the earlier motion ex-parte.
Ezekiel Rimamsomte, representing the police; Maimuna Shiru for the AGF; and Abdul Mohammed, a Senior Advocate of Nigeria (SAN), for the ICPC, did not oppose the application.
Judge Abdulmalik struck out the magistrate’s name and the motion ex-parte.
Mr Nnakwu then sought an adjournment to amend the suit, but ICPC’s lawyer, Mr Mohammed, opposed the request.
He argued that reliefs one, two, and three in the suit concerned the magistrate’s search warrant, and striking out the magistrate meant “there is no case before this court.”
However, the judge told Mr Mohammed to allow the plaintiff to pursue his case, noting that a counter-affidavit could be filed in response.
She adjourned the matter until 17 June for El-Rufai’s lawyers to file an amended process.
N1 billion rights suit
Mr El-Rufai filed the N1 billion fundamental rights enforcement suit on 20 February following his detention and the search of his Abuja home.
He asked the court to declare that the search warrant issued on 4 February by the FCT chief magistrate, which authorised the search and seizure at his residence, was invalid, null, and void.
He argued the search violated his rights to dignity, personal liberty, fair hearing, and privacy, and sought an injunction to restrain the respondents from using any seized evidence.
He also prayed the court to order the return of all seized items and award N1 billion in general, exemplary, and aggravated damages.
The ICPC opposed the suit, stating in a counter-affidavit that it acted on a petition against El-Rufai and under statutory powers to investigate, arrest, and prosecute offenders.
The police added that the search was conducted under a warrant issued by a competent court.
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