Former Kaduna State governor, Nasir El-Rufai, has withdrawn his fundamental rights enforcement suit against a magistrate in his ongoing ₦1 billion claim before the Federal High Court in Abuja.
The development occurred on Tuesday following concerns raised by the presiding judge, Justice Joyce Abdulmalik, over the plaintiff’s failure to properly identify the magistrate listed as the second defendant in the suit.
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 subsequently urged the court to strike out the magistrate’s name, along with a pending ex parte application seeking substituted service of court processes.
Counsel representing 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 granted the request, striking out the magistrate’s name and the related motion.
Following the ruling, Nnakwu sought an adjournment to allow the plaintiff amend his originating processes. However, counsel to the ICPC, Abdul Mohammed (SAN), opposed the request, arguing that the core claims in the suit were tied to the search warrant issued by the magistrate.
He contended that removing the magistrate from the case rendered the suit incompetent. “Having struck out the name of the second defendant, it means there is no case before this court,” he argued.
The judge, however, disagreed, cautioning against premature conclusions and advising the defence to respond through proper legal channels, including filing a counter-affidavit.
The court subsequently adjourned the matter until June 17 to enable El-Rufai to amend his filings.
The suit, marked FHC/ABJ/CS/345/2026, centres on a February 19, 2026 search conducted at the former governor’s residence in Asokoro, Abuja. El-Rufai is seeking seven reliefs, including ₦1 billion in damages, alleging violations of his fundamental rights to dignity, personal liberty, fair hearing, and privacy under the Constitution.
He is also requesting that any evidence obtained during the search be declared inadmissible and that the respondents be restrained from using such materials in any investigation or prosecution.
In response, the ICPC and the police have maintained that the operation was conducted lawfully, based on a valid court-issued warrant, and executed in the presence of his family members.
The agencies have urged the court to dismiss the suit, accusing the former governor of attempting to obstruct ongoing investigations.
