The Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Attorney-General of the Federation (AGF) have asked the Federal High Court in Abuja to dismiss a N1 billion fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai, over alleged denial of access to members of his family while in custody.
The suit, marked FHC/ABJ/CS/1852/2026, was filed by El-Rufai through his counsel, Ubong Akpan, on August 13. The former governor is seeking N1 billion in damages from the ICPC, its Chairman, Musa Aliyu (SAN), and the AGF over alleged infringement of his fundamental rights.
The matter has been assigned to Justice Chigozie Onah.
El-Rufai alleged that his wife, Aichatou Asabe, and son, Abba El-Rufai, were prevented from visiting him while he was detained by the anti-graft agency.
He is asking the court to declare that his fundamental rights guaranteed under Part IV of the 1999 Constitution, as amended, remain valid and enforceable despite his detention.
However, in a joint counter-affidavit, the ICPC and its chairman rejected the allegations, describing several paragraphs of El-Rufai’s affidavit as false.
The counter-affidavit was deposed to by John Uche, a Chief Anti-Corruption Assistant in the commission’s Internal Security Support Unit.
Uche said El-Rufai was in the lawful custody of the commission pursuant to an order of the Federal High Court sitting in Kaduna in charge number FHC/KD/73C/2025.
He explained that the commission had, on July 7, facilitated a visit by El-Rufai to his personal physician in compliance with a court order, with the visit accompanied by ICPC officers and his wife, Asabe.
According to him, the commission subsequently received reports that the medical visit had been turned into a political meeting, which he said exposed vulnerabilities in the agency’s security arrangements.
He said the development prompted the ICPC to introduce temporary access-control measures restricting non-essential visits to El-Rufai while its security procedures were reviewed.
Uche further narrated an incident involving El-Rufai’s son, Abba, who arrived at the commission’s office on July 7 seeking to visit his father.
He said he contacted his superior, Henry Hwande, who instructed him to establish the purpose of the visit and subsequently directed that Abba wait in the commission’s waiting area.
According to him, trouble started when Asabe met her son and allegedly demanded that he be allowed to see his father.
Uche alleged that attempts by an officer to de-escalate the situation failed, adding that Abba later attempted to gain entry into the building.
He said he moved to stop him but fell into a ditch, trapping his leg, while Abba and Asabe continued towards the entrance.
Uche said the incident attracted security personnel, who prevented Abba from entering the premises, while Asabe allegedly gained access and headed towards the detention area.
The ICPC officer said the commission’s CCTV cameras captured the incident and maintained that the recordings had not been altered or tampered with.
He said the incident, alongside another security breach discovered during a subsequent review, led the commission to conclude that its existing access arrangements required urgent review.
According to Uche, the commission also discovered that Asabe had allegedly been allowed into its premises after official visiting hours on July 4 at about 7:35pm, allegedly with the connivance of some officers.
He said the officers involved were facing disciplinary action, while Asabe’s access was temporarily suspended pending the completion of the security review and implementation of additional safeguards.
The commission further argued that, contrary to El-Rufai’s claim, other members of his family had continued to visit him after the July 7 incident, bringing meals, medication and other necessary supplies.
Uche attached the commission’s visitors’ log as Exhibit ICPC D, urging the court to dismiss the suit.
The AGF, in a separate counter-affidavit filed on September 11 and deposed to by Oni Michael, an administrative officer in the Civil Litigation and Public Law Department of the Federal Ministry of Justice, also urged the court to dismiss the case.
Michael argued that the AGF was not responsible for arresting or detaining El-Rufai and does not operate or control the ICPC’s detention facility.
He said the alleged infringement of El-Rufai’s rights was not committed by the AGF, who was also not involved in the events of July 7.
According to him, the court order issued by Justice R.M. Aikawa directed the ICPC and its chairman to grant El-Rufai access to his counsel and personal physician, but did not specifically provide for access by Asabe or other persons.
The AGF further argued that the ICPC was empowered to establish security protocols within its facilities to prevent breaches.
He described the maintenance of strict security protocols at the commission’s detention facility as a matter of national security.
Michael also corroborated the ICPC’s account that the commission had allowed El-Rufai access to his personal physician, accompanied by ICPC officers and Asabe, but alleged that the medical meeting subsequently turned into a political meeting.
He said the incident necessitated a review of the commission’s CCTV footage and that the review uncovered an earlier alleged breach involving Asabe.
According to him, Asabe was allegedly smuggled into the ICPC facility after official visiting hours with the assistance of a former commission officer.
He said the officer found responsible for the alleged breach had been dismissed from the service.
The respondents therefore urged the court to dismiss El-Rufai’s N1 billion suit, maintaining that the access restrictions were temporary security measures taken in response to alleged breaches at the detention facility.
