By Desire Emmanuel
The Independent Corrupt Practices and Other Related Offences Commission (ICPC) on Thursday, March 12, got the nod of the Federal High Court in Abuja to access and analyse the electronic devices recovered from the residence of former Kaduna State governor, Nasir El-Rufai.
Justice Joyce Abdulmalik granted the nod following an ex-parte motion moved by ICPC’s lawyer, Osuobeni Akponimisingha, to the effect.
Akponimisingha, while moving the motion, had sought the court’s nod granting the commission the nod to access and analyse contents of the devices.
He said the court’s nod was for the purposes of inspection, forensic examination and forensic extraction of data in furtherance of its ongoing investigation of the ex-governor.
The devices include a Sony HD-EGS storage device, a ITB transcend storage device, Toshiba storage device, Samsung mobile phone, Nokia mobile phone – N958GB, Blackberry mobile phone device and a Google IDEOS phone.
Others are a Samsung storage device-SPO802N, Remarkable tablet, Apple MacBook Pro – black, Seagate Freeagent desk external drive, ZTE mobile phone, 10 pieces of flash drives and Microcell memory card.
El-Rufai is currently before the same court, challenging the search of his house and seeking among others, a N1 billion compensation.
In the fundamental rights enforcement suit, the former governor named ICPC, the Chief Magistrate at the Magistrates’ Court of the FCT, Abuja; the Inspector-General of Police and the Attorney-General of the Federation (AGF) as first to fourth respondents.
The former governor, in the originating motion on notice, dated and filed February 20 by Oluwole Iyamu, sought seven reliefs.
He prayed the court to declare that the invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 at about 2;00 p.m. by the and ICPC and IG amounted to a gross violation of the applicant’s fundamental rights .
He said that it was a violation to dignity of the human person, personal liberty, fair hearing and privacy under sections 34, 35, 36, and 37 of the constitution.”
He urged the court to declare that “any evidence obtained pursuant to the aforesaid invalid warrant and unlawful search is inadmissible in any proceedings against the applicant, as it was procured in breach of constitutional safeguards.”
El-Rufai, therefore, sought an order of injunction restraining the respondents and their agents from further relying on, using, or tendering any evidence or items seized during the unlawful search in any investigation, prosecution, or proceedings involving him.
He sought an order directing the first and third respondents (ICPC and IG) to forthwith return all items seized from the applicant’s premises during the unlawful search, together with a detailed inventory thereof.
He also sought an order awarding the sum of N1 billion as general, exemplary and aggravated damages, among others.
Responding, in its counter affidavit, the ICPC said it received a petition against El-Rufai and acting on the petition, it commenced an investigation, leading to the search at his residence.
It argued that its operatives acted under a valid search warrant issued on February 18 and executed on February 19 at 12 Mambilla Street, Asokoro, Abuja.
The commission said its officials were accompanied by personnel of the Nigeria Police Force and that the exercise was witnessed by El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.
The ICPC, which urged the court to dismiss the suit, listed the items allegedly recovered from the residence.
The police, also in its counter affidavit deposed to by Inspector Ewa Anthony, argued that it had the statutory power to detect, arrest, investigate and prosecute offenders.
It argued that the search carried out at El-Rufai’s residence was executed pursuant to a search warrant issued by a competent court of law.
It disagreed with the ex-governor that that search warrant was invalid, insisting that it was a genuine court order.
It said that its officers who carried out the operation, complied with all applicable legal procedures in the execution of the search warrant.
According to the police, the applicant is trying to use the court to shield him away from the security investigation and prosecution in the court of law.
It, therefore, prayed the court to dismiss the suit in its entirety.
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