By Priye Briggs
The Attorney General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, has asked the Federal High Court in Abuja to dismiss the N1 billion fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir El-Rufai.
In a counter-affidavit filed before the court, Fagbemi contended that the suit is without merit, arguing that there is no legal and evidential basis for the claims and reliefs sought by the ex-governor.
The AGF also argued that the action amounts to an abuse of court process, on the grounds that El-Rufai already has two suits on the same subject matter pending before the High Court of the Federal Capital Territory, FCT.
He said he was not privy to the facts of the matter and maintained that the first and second respondents – the Independent Corrupt Practices and other related offences Commission, ICPC, and the Inspector General of Police, IGP – acted within the scope of their statutory powers.
Fagbemi further stated that the items recovered from El-Rufai’s residence by operatives of the ICPC and the police were for the purpose of aiding investigation into alleged offences preferred against the former governor.
El-Rufai, in his suit, is asking the court to declare that the search conducted on his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 by 2 p.m. by officials of the ICPC and the IGP constituted a gross violation of his fundamental rights.
He is seeking an order directing the ICPC and the IGP to immediately return all items carted away from his house during the search along with a comprehensive inventory.
The former governor is also demanding N1 billion as general, exemplary and aggravated damages.
The ICPC and the IGP have also filed separate counter-affidavits urging the court to dismiss the suit for lacking merit.
In its affidavit, the ICPC disclosed that it acted on a petition received against El-Rufai, which prompted it to open an investigation and subsequently search his house.
It said its operatives acted on the strength of a valid search warrant issued on February 18 and executed on February 19 between 1:37 p.m. and 3:56 p.m. at 12 Mambilla Street, Asokoro, Abuja.
The anti-graft agency added that its officials were accompanied by personnel of the Nigeria Police Force and that the operation was witnessed by El-Rufai’s wife, Hadiza, and his son, Mohammed.
On its part, the IGP, in its counter-affidavit, argued that the police are statutorily empowered to detect, arrest, investigate and prosecute offenders.
The police maintained that the search on El-Rufai’s house was carried out based on a search warrant issued by a court of competent jurisdiction.
The Force faulted the ex-governor’s claim that the warrant was invalid, insisting it was a genuine order of court.
It said officers who executed the search complied with all relevant legal procedures.
According to the police, the applicant is attempting to use the court to shield himself from investigation and prosecution.
When the matter came up yesterday, Justice Joyce Abdulmalik granted a motion filed by the AGF and moved by the Director of Civil Litigation in the Federal Ministry of Justice, Maimuna Lami-Shiru.
In the motion, the AGF sought an extension of time for his counter-affidavit to be deemed as properly filed and served.
Justice Abdulmalik adjourned the case till October 27 for hearing.