El-Rufai Withdraws Magistrate From N1bn Suit

Former Kaduna State Governor, Nasir El-Rufai, is withdrawing his fundamental rights enforcement suit against a chief magistrate in an ongoing N1 billion legal case before the Federal High Court in Abuja.
The development comes as legal proceedings continue to unfold, with the plaintiff seeking redress over alleged violations tied to investigative actions by authorities. According to Mediaplusng.com, the withdrawal specifically affects the magistrate earlier listed as the second defendant in the suit.
Counsel to the former governor, Ugochukwu Nnakwu, informs the court of the decision shortly after the matter is called before Justice Joyce Abdulmalik.
This follows observations by the presiding judge, who identifies procedural gaps in the suit, particularly the failure to clearly specify the identity of the magistrate named as a defendant.
Justice Abdulmalik points out that the lack of proper identification weakens the legal standing of that portion of the case, prompting immediate action from the plaintiff’s counsel.
At the resumed hearing, Nnakwu explains that the matter is originally scheduled for the hearing of a motion ex-parte seeking substituted service of court documents on the second defendant.
The lawyer informs the court that a fresh application has been filed to withdraw the suit against the magistrate and requests that the name be struck out from the proceedings.
He also asks the court to strike out the earlier motion ex-parte related to service of documents on the magistrate.
Counsel representing the Nigeria Police Force, the Office of the Attorney-General of the Federation, and the Independent Corrupt Practices and Other Related Offences Commission do not oppose the application.
According to Mediaplusng.com, Justice Abdulmalik grants the request, striking out the name of the magistrate as well as the pending motion ex-parte from the suit.
Following the ruling, the plaintiff’s counsel seeks an adjournment to enable the legal team amend the originating processes and proceed with the case against the remaining defendants.
Counsel to the ICPC, Abdul Mohammed, SAN, opposes the request to amend the suit, arguing that key reliefs sought in the case are directly tied to actions taken by the magistrate.
He contends that with the removal of the magistrate from the suit, the foundation of the case is significantly affected, suggesting that there may be no substantive matter left before the court.
Justice Abdulmalik advises patience, noting that the plaintiff retains the right to present his case as deemed appropriate within the framework of the law.
The judge subsequently adjourns the matter until June 17 to allow the plaintiff file amended processes and reorganize the case.
The suit, which seeks N1 billion in damages, is filed against multiple respondents, including the Independent Corrupt Practices and Other Related Offences Commission, the Inspector-General of Police, and the Attorney-General of the Federation.
The former governor alleges that actions taken by the respondents, including the issuance of a search warrant, infringe on his fundamental rights.
With the magistrate no longer part of the suit, attention now turns to how the claims against the remaining respondents will be structured and argued in court.
The development raises questions about procedural accuracy in high-profile litigation and the importance of properly identifying parties in legal actions.
Analysts note that the outcome could have broader implications for the enforcement of fundamental rights and the conduct of investigative agencies in Nigeria.
All eyes are on the next court date as the plaintiff prepares to amend the suit and pursue his claims within the judicial process.