The Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Attorney-General of the Federation (AGF) have urged the Federal High Court in Abuja to dismiss a ₦1 billion fundamental rights suit filed by former Kaduna State Governor Nasir El-Rufai.
El-Rufai instituted the suit against the ICPC, its Chairman, Musa Aliyu, SAN, and the AGF, alleging that he was denied access to his wife, Aichatou Asabe, and his son, Abba, while in the commission’s custody.
In his suit, marked FHC/ABJ/CS/1852/2026 and filed on August 13, El-Rufai sought ₦1 billion in damages and asked the court to declare that his fundamental rights remained valid despite his detention.
However, in a joint counter-affidavit, the ICPC and its chairman argued that El-Rufai was being lawfully detained pursuant to an order of the Federal High Court in Kaduna.
The commission claimed that a medical visit involving El-Rufai’s personal physician and his wife on July 7 was allegedly turned into a political meeting, prompting it to temporarily restrict non-essential visits while it reviewed its security arrangements.
The ICPC also alleged that El-Rufai’s son, Abba, attempted to enter its premises on July 7 without authorisation. According to the commission, a security officer who tried to stop him fell into a ditch and sustained an injury.
The commission further claimed that a review of its CCTV footage uncovered an earlier security breach involving El-Rufai’s wife, who was allegedly allowed into the premises after official visiting hours with the assistance of an ICPC officer.
The officer allegedly involved in the incident has since been dismissed, according to the commission.
The ICPC maintained that other members of El-Rufai’s family had continued to visit him after the July 7 incident and were allowed to bring food, medication and other essential supplies.
Meanwhile, the AGF argued that it had no responsibility for El-Rufai’s arrest, detention or the management of the ICPC’s detention facility.
The AGF said the court order only required the ICPC to grant El-Rufai access to his lawyer and personal physician and did not specifically provide for access by his wife or other relatives.
It also argued that the ICPC had the authority to establish security protocols within its facilities and that maintaining strict security measures at the detention centre was a matter of national security.
The ICPC and AGF therefore urged the court to dismiss El-Rufai’s suit.
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