IGP ASKS COURT TO DISMISS EL-RUFAI SUIT ON ABUJA RESIDENCE SEARCH SAYS WARRANT WAS VALID

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BY JENN NOMAMIUKOR

The Inspector-General of Police (IGP) has requested the Federal High Court in Abuja to dismiss the enforcement suit filed by Nasir el-Rufai, the former governor of Kaduna State.

El-Rufai had contested the search of his Abuja residence conducted by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) on February 19.

The former governor claimed that the search warrant issued to security personnel was invalid.

He sought a court order to declare that any evidence collected during the search is inadmissible in any legal proceedings against him, on the basis that it was obtained in violation of constitutional protections.

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 stated that the police possess the legal authority to arrest, investigate, and prosecute offenders, including the execution of search warrants granted by a competent court.

The IGP alleged that the former governor was attempting to use the enforcement suit as a means to avoid investigation and potential prosecution.

On the day the case was heard, Ubong Akpan, counsel to el-Rufai, informed the court that he had addressed the ICPC’s counter affidavit but had not yet responded to the IGP’s affidavit.

Abdulsufiano Abubakar, the lawyer representing ICPC, and Ezekiel Rimamsomte, the 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).

 

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