A former Governor of Kaduna State, Nasir El-Rufai, on Tuesday withdrew his fundamental rights enforcement suit against a magistrate in his ₦1 billion claim pending before the Federal High Court in Abuja.
The withdrawal followed concerns raised by the trial judge, Justice Joyce Abdulmalik, over the failure of the plaintiff to properly identify the magistrate sued as the second defendant.
At the resumed hearing, El-Rufai’s counsel, Ugochukwu Nnakwu, informed the court that a motion dated March 30 had been filed to discontinue the case against the magistrate.
He urged the court to strike out the magistrate’s name as well as a pending ex parte application seeking substituted service of court processes.
Counsel for the respondents, including the Independent Corrupt Practices and Other Related Offences Commission (ICPC), 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 name of the magistrate and the ex parte motion.
Following the ruling, Nnakwu sought an adjournment to enable the plaintiff to amend the originating processes.
However, counsel for the ICPC, Abdul Mohammed (SAN), opposed the request, arguing that the core reliefs in the suit were tied to the search warrant issued by the magistrate.
He contended that with the magistrate no longer a party, the suit had become incompetent.
“Having struck out the name of the second defendant, it means there is no case before this court,” he argued.
But the judge disagreed, cautioning counsel against pre-empting proceedings.
“You are jumping the gun. You can respond by filing a counter-affidavit,” she said.
The court subsequently adjourned the matter until June 17 to allow the plaintiff to file amended processes.
El-Rufai had instituted 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 AGF.
He is challenging the legality of a search conducted at his residence in Asokoro, Abuja, on February 19, 2026.
The former governor alleged that the operation violated his fundamental rights to dignity, personal liberty, fair hearing and privacy as guaranteed under the 1999 Constitution.
He is also seeking an order declaring that any evidence obtained from the search is inadmissible, as well as an injunction restraining the respondents from using such materials in any investigation or prosecution.
In their defence, the ICPC and the police maintained that the search was carried out pursuant to a valid warrant issued by a competent court.
The anti-graft agency stated that the operation followed a petition against El-Rufai and was executed in the presence of his family members, while items were recovered from the premises.
The police also argued that their officers acted within the law, insisting that the warrant was validly obtained and properly executed.
Both agencies urged the court to dismiss the suit, accusing the ex-governor of attempting to frustrate ongoing investigations.
The PUNCH