By Nchetachi Chukwuajah
The former Governor of Kaduna State, Nasir El-Rufai, has withdrawn his fundamental rights enforcement suit against a magistrate in his N1 billion claim pending before the Federal High Court in Abuja.
The withdrawal followed concerns raised by Justice Joyce Abdulmalik, the trial judge, on Tuesday, March 31, 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.
Nnakwu urged the court to strike out the magistrate’s name as well as a pending ex parte application seeking substituted service of court processes.
The application was not opposed by the 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 (AGF).
Justice Abdulmalik thereafter struck out the name of the magistrate and the ex parte motion.
Following the ruling, El-Rufai’s lawyer 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.
Mohammed contended that since the magistrate was no longer a party in the case, 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 and urged Mohammed to file a counter-affidavit.
The court subsequently adjourned the matter until June 17 to allow the plaintiff to file amended processes.
El-Rufai had instituted the suit seeking seven reliefs, including N1 billion 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.
In a related development, the Federal High Court in Kaduna adjourned the hearing of the bail application filed by the former governor till Wednesday, April 1.
The adjournment was made in a 10-count charge brought against the former governor by the ICPC bordering on alleged conversion and possession of public property as well as money laundering.
The court had earlier fixed March 31 for the hearing of all pending applications, including the bail request.
However, the ICPC had, on March 27, released him on compassionate grounds following the death of his mother, Hajiya Ummar El-Rufai.
El-Rufai’s counsel, Ukpong Akpan, confirmed the adjournment shortly after the session but declined to give details.
Shortly after the court rose, El-Rufai was escorted out of the premises by ICPC operatives in a white Hilux vehicle.
El-Rufai was earlier arraigned before a Kaduna State High Court sitting in Kawo on separate charges alongside one Amadu Sule on allegations ranging from abuse of office and fraud to intent to commit fraud and conferring undue advantage.
The charges were also filed by the ICPC, separate from those before the Federal High Court, Kaduna.
