Fresh questions about digital privacy and investigative powers have surfaced following a court decision allowing the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to analyse electronic devices seized from the residence of former Kaduna State governor Nasir El-Rufai.
ENigeria Newspaper gathered on Thursday that the Federal High Court sitting in Abuja, where Justice Joyce Abdulmalik approved an ex-parte motion filed by ICPC counsel Osuobeni Akponimisingha. The ruling authorises the anti-corruption agency to access, inspect and conduct forensic examinations on devices recovered from the former governor’s Abuja residence as part of an ongoing investigation.
According to details presented in court, investigators seized a range of electronic gadgets during the operation, including mobile phones, external storage drives, flash drives, a tablet and a laptop computer. The devices are expected to undergo digital forensic analysis in an effort to retrieve information considered relevant to the commission’s inquiry, ENigeria Newspaper learnt.
However, El-Rufai has challenged the search in a separate suit, arguing that the operation violated his constitutional rights, including those relating to dignity, liberty, fair hearing and privacy.
In the fundamental rights enforcement case, the former governor is asking the court to declare the search unlawful and to prevent authorities from relying on any material obtained from the seized devices in future proceedings. He is also seeking the immediate return of all confiscated items and demanding ₦1 billion in damages.
ICPC, however, insists that the operation was conducted lawfully. The commission said the search was executed under a valid warrant issued a day earlier and carried out with the support of the Nigeria Police Force. It also maintained that the process was witnessed by members of El-Rufai’s family at the residence.
The police, through the Inspector General of Police, have similarly defended the operation, arguing in a counter-affidavit that it complied with legal procedures and should not be interpreted as an abuse of investigative powers.
The matter remains before the Federal High Court, while the court’s latest approval allows ICPC to proceed with the forensic review of the seized devices as the broader legal dispute continues.
