By Adesakin Adefemi
Former Governor of Kaduna State, Nasir El-Rufai, has withdrawn his fundamental rights enforcement suit against a chief magistrate at the FCT Magistrate’s Court, named as the 2nd defendant, in the N1 billion case. The withdrawal was made on Tuesday before Justice Joyce Abdulmalik of the Federal High Court in Abuja.
El-Rufai’s lawyer, Ugochukwu Nnakwu, informed the court that a motion to withdraw the suit against the 2nd defendant had been filed. The motion, dated March 30, was filed on the same date. Nnakwu said the withdrawal followed Justice Abdulmalik’s observation, on Wednesday, when the matter was heard, that the suit failed to specify the magistrate who was sued as the 2nd defendant.
The judge had picked holes in the suit, prompting Nnakwu to seek an adjournment to properly identify the name of the magistrate being used. With the withdrawal, the magistrate’s name was struck out from the suit.
El-Rufai is demanding N1 billion in damages against ICPC, the Chief Magistrate, I-G, and the AGF, named as the 1st to 4th respondents, respectively. He alleged that the invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on Feb. 19 by the ICPC and I-G amounts to a gross violation of his fundamental rights.
The ICPC and police have argued that they acted under a valid search warrant issued on Feb. 18 and executed on Feb. 19. They listed items allegedly recovered from El-Rufai’s residence and urged the court to dismiss the suit.
Justice Abdulmalik adjourned the matter until June 17 to enable El-Rufai’s lawyer to file an amended process. The judge told the respondents’ lawyers to be patient and allow the plaintiff to do his case the way he wants.
The case has sparked interest in the country’s legal and political circles, with many watching to see how it will play out. El-Rufai’s allegations of rights violations have been met with counter allegations by the ICPC and police.
The outcome of the case is expected to have implications for the rule of law and the protection of citizens’ rights in Nigeria. As the case continues, one thing is clear: the stakes are high, and the outcome is far from certain.
The court will reconvene on June 17 to hear the case further, and all eyes will be on the proceedings as the parties await a resolution to this high-profile dispute, which has significant implications for the country’s justice system and the rights of its citizens.
