By Peter Omopo
Former Kaduna State Governor, Nasir El-Rufai, has withdrawn a magistrate as a defendant in his N1bn fundamental rights enforcement suit pending before a Federal High Court in Abuja.
The development 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 case.
At the resumed hearing on Tuesday, El-Rufai’s counsel, Ugochukwu Nnakwu, informed the court that a motion filed on March 30 sought to discontinue the case against the magistrate. He also requested that the court strike out the magistrate’s name and a pending ex parte application for substituted service of court processes.
Counsel representing 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 application.
In a brief ruling, Justice Abdulmalik struck out the magistrate’s name from the suit as well as the ex parte motion.
Following the ruling, El-Rufai’s counsel sought an adjournment to allow for amendment of the originating processes. However, counsel to the ICPC, Abdul Mohammed (SAN), opposed the request, arguing that the substance of the suit was tied to the search warrant issued by the magistrate, and that removing the magistrate rendered the case incompetent.
The judge, however, disagreed, cautioning against pre-empting proceedings and advising the defence to respond through appropriate legal filings.
The matter was subsequently adjourned until June 17 to allow the plaintiff to amend his processes.
El-Rufai had filed 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.
The suit challenges the legality of a search conducted at his residence in Asokoro, Abuja, on February 19, 2026, which he claims 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 from the search is inadmissible, as well as an injunction restraining authorities from using such materials in any investigation or prosecution.
In their defence, the anti-graft agency and the police maintained that the search was carried out based on a valid warrant issued by a competent court, following a petition against the former governor. They insisted that the operation was lawful and properly executed, urging the court to dismiss the suit.
