Court grants ICPC permission to access devices recovered from El-Rufai’s residence

The Federal High Court in Abuja on Thursday granted the Independent Corrupt Practices and Other Related Offences Commission (ICPC) permission to access and analyse electronic devices recovered from the residence of former Kaduna State Governor,Nasir El-Rufai.

Justice Joyce Abdulmalik granted the order after hearing an ex-parte motion moved by ICPC counsel, Osuobeni Akponimisingha. In the application, the commission sought the court’s authorisation to inspect, conduct forensic examination and extract data from the devices as part of its ongoing investigation involving the former governor.

Akponimisingha told the court that the order was necessary to enable investigators carry out forensic analysis of the items seized during a search conducted at El-Rufai’s Abuja residence.
About 14 electronic devices were reportedly recovered by ICPC operatives during the search.

They include a Sony HD-EGS storage device, a 1TB Transcend storage device, a Toshiba storage device, Samsung mobile phone, Nokia N95 (8GB) phone, Blackberry mobile phone and a Google IDEOS phone.

Other items listed are a Samsung device (SP0802N), a Remarkable tablet, Apple MacBook Pro, Seagate FreeAgent Desk external drive, a ZTE mobile phone, 10 flash drives and a Microcell memory card.

The motion, marked FHC/ABJ/CS/499/2026 between the Federal Republic of Nigeria and Nasir Ahmad El-Rufai, was granted by the court.
Meanwhile, El-Rufai’s N1 billion fundamental rights enforcement suit challenging the search of his residence is pending before the same court.
The former governor, who has been in ICPC custody since Feb. 18, had reportedly denied investigators access to the devices recovered from his home.

In the fundamental rights suit filed on Feb. 20 through his lawyer, Oluwole Iyamu, SAN, El-Rufai sued the ICPC, the Chief Magistrate of the FCT Magistrates’ Court, the Inspector-General of Police and the Attorney-General of the Federation.

He asked the court to declare that the invasion and search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on Feb. 19 at about 2 p.m. by ICPC operatives and police officers constituted a gross violation of his fundamental rights.

According to him, the action breached his rights to dignity of the human person, personal liberty, fair hearing and privacy as guaranteed under Sections 34, 35, 36 and 37 of the Constitution.
El-Rufai further urged the court to declare that any evidence obtained through the search warrant was inadmissible, arguing that it was procured in breach of constitutional safeguards.

He also sought an order restraining the respondents from relying on, using or tendering any items seized during the search in any investigation or prosecution against him.

In addition, he asked the court to order the ICPC and the Inspector-General of Police to immediately return all items seized from his residence and provide a detailed inventory of the items.

The former governor is also seeking N1 billion in general, exemplary and aggravated damages.
Responding in its counter-affidavit, the ICPC said it received a petition against El-Rufai and commenced investigation based on the allegations, which led to the search of his residence.

The commission maintained that the operation was carried out pursuant to a valid search warrant issued on Feb. 18 and executed the following day between 1:37 p.m. and 3:56 p.m. at No. 12 Mambilla Street, Asokoro, Abuja.

It added that the exercise was conducted in the presence of police officers and witnessed by El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai.

Similarly, the police, in a counter-affidavit deposed to by Inspector Ewa Anthony, argued that it has the statutory authority to detect, arrest, investigate and prosecute offenders.

The police insisted that the search was carried out based on a valid warrant issued by a competent court and that all due legal procedures were followed.

According to the police, the applicant is attempting to use the court process to shield himself from ongoing security investigations.
The respondents therefore urged the court to dismiss the suit in its entirety.

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