The inspector-general of police (IGP) has asked the federal high court in Abuja to dismiss the enforcement suit filed by Nasir el-Rufai, former governor of Kaduna state.
El-Rufai had challenged the search of his Abuja residence by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) on February 19.
The former governor argued that the search warrant executed by security operatives was invalid.
He sought a court order to rule that any evidence obtained from the search is inadmissible in any proceeding against him, on the grounds that it was procured in breach of constitutional safeguards.
El-Rufai also sought N1 billion as general, exemplary, and aggravated damages for alleged violations of his fundamental rights, including trespass, unlawful seizure, psychological trauma, humiliation, distress and reputational harm.
The former governor joined the chief magistrate who issued the order, the inspector-general of police (IGP), and the attorney-general of the federation (AGF) as respondents in the suit.
But in a counter-affidavit against el-Rufai’s suit, the IGP said the police officers executed a valid search warrant issued by a magistrate court against the residence of the former governor, adding that the officers were only “complying with legal procedures”.
The IGP argued that the police have the legal powers to arrest, investigate, and prosecute offenders, including enforcing search warrants issued by a competent court.
The IGP accused the former governor of attempting to use the enforcement suit as a shield against investigation and possible prosecution.
When the case was called on Wednesday, Ubong Akpan, counsel to el-Rufai, told the court that he had responded to ICPC’s counter affidavit but was yet to respond to that of the IGP.
Abdulsufiano Abubakar, ICPC’s lawyer, and Ezekiel Rimamsomte, police counsel, confirmed Akpan’s submission.
Joyce Abdulmalik, the presiding judge, adjourned the case to March 25 for hearing.
She ordered that the chief magistrate and AGF, who were not represented in court, be issued and served with hearing notices.
The ex-minister has been in the custody of the ICPC since February 19 after he was released by the Economic and Financial Crimes Commission (EFCC).
