BREAKING: El-Rufai removes magistrate as defendant in N1bn rights case

Former Kaduna State Governor, Nasir El-Rufai, on Tuesday removed a chief magistrate of the FCT Magistrate’s Court as a defendant in his N1 billion fundamental rights enforcement suit.

The development was disclosed at the Federal High Court in Abuja, where his counsel, Ugochukwu Nnakwu, informed Justice Joyce Abdulmalik shortly after the matter was called.

The decision followed the judge’s earlier observation that the suit failed to clearly identify the magistrate listed as the second defendant.

At the resumed hearing, Nnakwu told the court that although the matter was slated for hearing of a motion ex parte for substituted service, a fresh application had been filed to discontinue the case against the magistrate.

“We urge my lord to strike out the name of the second defendant as a party in this suit,” the lawyer said, also requesting that the earlier motion ex parte be struck out.

Counsel to the police, the Attorney-General of the Federation, and the Independent Corrupt Practices and Other Related Offences Commission (ICPC) did not oppose the application. The court subsequently struck out the magistrate’s name and the motion ex parte.

Nnakwu thereafter sought an adjournment to amend the suit, but counsel to the ICPC, Abdul Mohammed (SAN), opposed the move, arguing that removing the magistrate effectively left no case before the court. The judge, however, asked him to respond through proper legal processes.

The matter was adjourned until June 17 to enable the plaintiff to file an amended application. El-Rufai is seeking N1 billion in damages, alleging that a search of his Abuja residence by the ICPC and police violated his fundamental rights, while the agencies insist the operation was carried out under a valid court-issued warrant.