Court grants ICPC access to El-Rufai’s digital devices

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

Justice Joyce Abdulmalik granted the order after hearing an ex parte application filed by counsel for the ICPC, Osuobeni Akponimisingha.

Moving the motion, the lawyer urged the court to allow the commission to open and examine the devices for inspection, forensic examination and extraction of data as part of its ongoing investigation involving the former governor.

The devices were among items recovered by ICPC operatives during a search conducted at El-Rufai’s residence in Abuja.

In a ruling, Justice Abdulmalik authorised the commission to access and analyse the contents of the devices, including public documents, WhatsApp conversations, text messages, pictures, call logs and other related information.

The devices listed in the order include a Sony HD-EGS storage device, ITB Transcend storage device, Toshiba storage device, Samsung mobile phone, Nokia mobile phone (N958GB), Blackberry mobile phone and a Google IDEOS phone.

Others are a Samsung storage device (SPO802N), a Remarkable tablet, an Apple MacBook Pro, a Seagate FreeAgent Desk external drive, a ZTE mobile phone, 10 flash drives and a Microcell memory card.

The suit marked FHC/ABJ/CS/499/2026 is between the Federal Republic of Nigeria and Nasir Ahmad El-Rufai.

Justice Abdulmalik held that the anti-graft agency was entitled to examine the items seized in the course of investigation for the purpose of forensic analysis.

Recall that El-Rufai had filed a separate suit before the same court challenging the search of his residence and demanding N1bn in damages.

In the fundamental rights enforcement suit, the former governor listed the ICPC, the Chief Magistrate of the Magistrates’ Court of the Federal Capital Territory, the Inspector General of Police and the Attorney General of the Federation as first to fourth respondents respectively.

In the originating motion marked FHC/ABJ/CS/345/2026, dated February 20 and filed by his lawyer, Oluwole Iyamu (SAN), El-Rufai sought seven reliefs from the court.

The former governor asked the court to declare that the search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19 by operatives of the ICPC and the police violated his fundamental rights.

He argued that 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 from the search was inadmissible in any proceedings against him.

He also asked the court to restrain the respondents from relying on or tendering any items seized during the search in any investigation or prosecution involving him.

The former governor equally sought an order directing the ICPC and the police to immediately return all items seized from his residence alongside a detailed inventory.

He is also seeking N1bn as general, exemplary and aggravated damages for the alleged violation of his fundamental rights.

However, in a counter-affidavit, the ICPC said it acted based on a petition it received against the former governor.

The commission said the petition prompted an investigation which led to the search of his residence.

According to the anti-graft agency, its operatives carried out the operation under a valid search warrant issued on February 18 and executed on February 19 between 1:37pm and 3:56pm at the residence.

The ICPC added that its officials were accompanied by personnel of the Nigeria Police Force during the operation, which it said was witnessed by El-Rufai’s wife, Hadiza El-Rufai, and his son, Mohammed El-Rufai, urging the court to dismiss the suit.

The police, in a separate counter-affidavit deposed to by Inspector Ewa Anthony, also defended the search.

The police argued that it has the statutory authority to detect, arrest, investigate and prosecute offenders.

It maintained that the search conducted at El-Rufai’s residence was carried out pursuant to a valid search warrant issued by a competent court.

The police further told the court that its officers complied with all legal procedures in executing the warrant and accused the former governor of attempting to use the court to shield himself from investigation and possible prosecution, equally urging the court to dismiss the suit in its entirety.

El-Rufai’s ordeal started when he returned from Cairo, Egypt, on February 12, 2026.

He honoured the invitation by the Economic and Financial Crimes Commission on Monday, February 16 and was detained.

On Wednesday, February 18, he was released on administrative bail and was taken into custody immediately by the ICPC.

Meanwhile, the Department of State Services also filed a suit against him at the FCT High Court for allegedly wire-tapping the telephone line of the National Security Adviser, Nuhu Ribadu. (Punch)