A former Governor of Kaduna State, Nasir El-Rufai, on Tuesday withdrew his fundamental rights enforcement suit against a magistrate in his N1bn claim currently before the Federal High Court in Abuja.
The withdrawal came after concerns raised by the presiding judge, Joyce Abdulmalik, regarding the plaintiff’s failure to properly identify the magistrate listed as the second defendant.
At the resumed proceedings, El-Rufai’s lawyer, Ugochukwu Nnakwu, told the court that a motion dated March 30 had been submitted to discontinue the case against the magistrate.
He asked the court to remove the magistrate’s name and also strike out 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, the Nigeria Police Force, and the Attorney-General of the Federation, did not challenge the application.
In a short ruling, Justice Abdulmalik removed the magistrate’s name and the ex parte motion.
After the decision, Nnakwu requested an adjournment to allow the plaintiff amend the originating processes.
However, counsel for the Independent Corrupt Practices and Other Related Offences Commission, Abdul Mohammed (SAN), opposed the request, arguing that the main reliefs in the suit were linked to the search warrant issued by the magistrate.
He maintained that once the magistrate was no longer a party, the case 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, warning counsel against anticipating the course of proceedings.
“You are jumping the gun. You can respond by filing a counter-affidavit,” she said.
The court then adjourned the matter until June 17 to allow the plaintiff file amended processes.
Nasir El-Rufai had filed 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 Attorney-General of the Federation.
He is contesting the legality of a search carried out at his residence in Asokoro on February 19, 2026.
The former governor claimed the operation breached his fundamental rights to dignity, personal liberty, fair hearing and privacy as protected under the 1999 Constitution.
He is also requesting a court order declaring any evidence obtained from the search inadmissible, along with an injunction preventing the respondents from using such materials in any investigation or prosecution.
In response, the ICPC and the Nigeria Police Force argued that the search was conducted based on a valid warrant issued by a competent court.
The anti-graft agency said the operation followed a petition against El-Rufai and was carried out in the presence of his family members, with items recovered from the premises.
The police also insisted their officers acted lawfully, maintaining that the warrant was properly obtained and executed.
Both agencies urged the court to dismiss the suit, accusing the former governor of trying to obstruct ongoing investigations.