The fundamental rights enforcement suit filed by former Kaduna State Governor, Mallam Nasir El-Rufai, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and four others suffered a setback on Tuesday after his counsel failed to serve the respondents.

The News Agency of Nigeria reports that El-Rufai is seeking N1 billion in damages against the ICPC, listed as the first respondent. Other respondents are the Chief Magistrate of the Magistrate’s Court of the Federal Capital Territory (FCT), Abuja; the Inspector-General of Police; and the Attorney-General of the Federation.

The matter, before Justice Joyce Abdulmalik of the Federal High Court, Abuja, could not proceed when called. Upon resumption, only Mr. Ubong Akpan appeared for the former governor, while the respondents were unrepresented.

Akpan informed the court that although the matter was slated for mention, the respondents had not been served. He sought an adjournment to enable proper service. Justice Abdulmalik adjourned the case until March 11 for further mention.

Through his legal team led by Mr. Oluwole Iyamu, SAN, El-Rufai is asking the court to declare that the search warrant issued on February 4 by the Chief Magistrate authorising a search of his residence is invalid, null, and void.

He contends that the warrant lacked particularity, contained material drafting errors, was ambiguous in execution parameters, overly broad in scope, and unsupported by probable cause, thereby constituting an unlawful and unreasonable search in violation of Section 37 of the Constitution.

In the originating motion marked FHC/ABJ/CS/345/2026, dated February 20, he seeks seven reliefs, including a declaration that the search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 at about 2 p.m. by operatives of the ICPC and the police amounted to a gross violation of his fundamental rights.

He alleges breaches of his rights to dignity, personal liberty, fair hearing, and privacy under Sections 34, 35, 36, and 37 of the Constitution.

El-Rufai further seeks an order declaring that any evidence obtained pursuant to the warrant is inadmissible in any proceedings against him, having been procured in breach of constitutional safeguards.

He also seeks an injunction restraining the respondents from relying on or tendering any evidence seized during the search, an order directing the ICPC and the Inspector-General of Police to return all seized items with a detailed inventory, and an award of N1 billion in general, exemplary, and aggravated damages.

He breaks down the claim as N300 million in compensatory damages for psychological trauma and emotional distress; N400 million in exemplary damages to deter future misconduct; and N300 million in aggravated damages for what he describes as malicious and oppressive conduct.

Additionally, he is seeking N100 million as the cost of filing the suit, including legal fees and associated expenses.

Iyamu argued that the warrant contravened Sections 143–148 of the Administration of Criminal Justice Act, 2015, and Section 36 of the ICPC Act, 2000, maintaining that it lacked specificity and lawful foundation.