The Independent Corrupt Practices and Other Related Offences Commission, ICPC, has asked the Federal High Court in Abuja to dismiss a N1 billion rights suit filed by former Kaduna Governor Nasir El-Rufai over alleged denial of family access in detention.
The commission said the restrictions were imposed after alleged breaches of its security protocols, including an incident in which El-Rufai’s wife, Aichatou Asabe, was allegedly smuggled into its premises after official visiting hours.
The Attorney-General of the Federation, AGF, also asked the court to dismiss the suit, arguing that the ICPC is empowered to enforce security protocols within its detention facility.
El-Rufai filed the suit, marked FHC/ABJ/CS/1852/2026, against the ICPC, its Chairman, Musa Aliyu, SAN, and the AGF as first to third respondents, respectively.
In the suit filed on August 13 by his lawyer, Ubong Akpan, the former governor is seeking N1 billion in damages over the alleged denial of access to his wife and son, Abba El-Rufai, while in the commission’s custody.
El-Rufai is also seeking declarations that his fundamental rights guaranteed under Part IV of the 1999 Constitution, as amended, remain in force despite his detention and should be respected by the respondents.
However, in a joint counter-affidavit filed by the ICPC and its chairman, the commission denied several claims made by El-Rufai and maintained that he was being held lawfully pursuant to an order of the Federal High Court in Kaduna.
The affidavit, deposed to by John Uche, a Chief Anti-Corruption Assistant in the commission’s Internal Security Support Unit, stated that the ICPC facilitated a medical visit for El-Rufai on July 7 in compliance with a court order permitting access to his personal physician. His wife accompanied him on the visit alongside ICPC officers.
According to Uche, the commission subsequently received reports that the medical visit had been turned into a political meeting, which he said exposed vulnerabilities in the existing access-control arrangements.
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He said the development prompted the ICPC to temporarily restrict non-essential access to El-Rufai while it reviewed its security measures.
Uche also alleged that a confrontation occurred at the commission’s premises on July 7 when El-Rufai’s son, Abba, arrived to visit his father.
He said Abba was asked to wait in the commission’s reception area while the purpose of his visit was established. According to the affidavit, Asabe later met him and demanded that he be allowed to see his father.
Uche alleged that when Abba attempted to enter the building, security personnel intervened, leading to a confrontation. He said the incident was captured by the commission’s CCTV cameras.
The ICPC official further alleged that a subsequent review of its security footage revealed an earlier breach involving Asabe, who was allegedly brought into the commission’s premises after official visiting hours on July 4 with the assistance of some officers.
He said the officers involved were subsequently subjected to disciplinary action, while the officer allegedly responsible for allowing Asabe into the premises was dismissed.
Uche said the commission consequently suspended Asabe’s visiting access pending the completion of its security review and implementation of additional measures.
The commission, however, denied that El-Rufai’s family members were generally barred from visiting him.
Uche said other members of the former governor’s family had continued to visit him after the July 7 incident and were allowed to bring meals, medication and other necessary supplies.
The AGF, in a separate counter-affidavit filed on September 11, also urged the court to dismiss the suit.
The affidavit, deposed to by Oni Michael, an administrative officer in the Civil Litigation and Public Law Department of the Federal Ministry of Justice, stated that the AGF had no responsibility for El-Rufai’s arrest, detention or the management of the ICPC’s detention facility.
Michael said the AGF was not involved in the events of July 7 and had not denied any of El-Rufai’s family members access to him.
He further argued that the Kaduna court order relied upon by El-Rufai only directed the ICPC and its chairman to grant him access to his counsel and personal physician. According to him, the order did not extend to his wife or other visitors.
The AGF maintained that the ICPC was entitled to establish security protocols within its facility, describing the enforcement of such measures as necessary for the protection of the detention centre. The matter has been assigned to Justice Chigozie Onah of the Federal High Court in Abuja.
NAN
