Former Kaduna State governor, Nasir El-Rufai, has withdrawn his suit against a magistrate in his ongoing N1 billion fundamental rights enforcement case before a Federal High Court in Abuja.
The development came on Tuesday during proceedings before Justice Joyce Abdulmalik.
The former governor had earlier listed the magistrate as the 2nd defendant in the suit.
However, his legal team moved to have the magistrate’s name removed from the case.
El-Rufai’s counsel, Ugochukwu Nnakwu, informed the court that a fresh application had been filed to withdraw the suit against the magistrate. He urged the court to strike out the name of the 2nd defendant from the matter.
“We urge my lord to strike out the name of the second defendant as a party in this suit,” he said.
The lawyer also asked the court to strike out an earlier motion seeking substituted service of court documents on the magistrate.
The request was not opposed by lawyers representing the other parties in the case. Counsel for the police, the Attorney-General of the Federation, and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) all indicated they had no objection.
In a brief ruling, Justice Abdulmalik granted the application. She struck out the magistrate’s name from the suit and also removed the pending motion.
The withdrawal follows an earlier observation by the court which pointed out flaws in the suit. The judge had noted that the magistrate listed as a defendant was not properly identified in the filings. This prompted the legal team to take steps to correct the issue.
After the ruling, El-Rufai’s lawyer sought time to amend the suit. He asked the court for an adjournment to enable him file a fresh process.
However, counsel to the ICPC, Abdul Mohammed, SAN, opposed the move. He argued that the core reliefs in the suit were tied to the actions of the magistrate, especially the issuance of a search warrant.
According to him, removing the magistrate from the case weakens the entire foundation of the suit.
He told the court that “having struck out the name of the second defendant means there is no case before this court.”
Justice Abdulmalik disagreed with the position at that stage. She told the senior lawyer to allow the plaintiff proceed as he deemed fit.
“Counsel, you are jumping the gun. You can respond to this by filing a counter affidavit,” she said.
The judge subsequently adjourned the case to June 17 to allow the former governor amend his suit.
El-Rufai is seeking N1 billion in damages against the ICPC, the Inspector-General of Police, and the Attorney-General of the Federation. The suit is centered on the search of his Abuja residence by operatives of the ICPC and the police.
He is asking the court to declare that the search violated his fundamental rights, including his right to dignity, privacy, personal liberty, and fair hearing.
He also wants the court to rule that any evidence obtained from the search is invalid and cannot be used against him in any proceedings.
In addition, the former governor is seeking an order directing authorities to return all items allegedly taken from his home.
On their part, the ICPC and the police have defended their actions. They insist the operation was carried out legally and based on a valid search warrant issued by a competent court.
The anti-graft agency said it acted on a petition and conducted the search as part of an ongoing investigation. It added that the exercise was carried out in the presence of El-Rufai’s family members.
The police also maintained that its officers followed due process. It argued that the search was lawful and within its constitutional powers.
Both agencies have urged the court to dismiss the suit, describing it as an attempt to obstruct an ongoing investigation.
What do you think about this?
Drop your opinion in the comment section.
FOLLOW US & Share this with someone who needs to see this.
