El-Rufai sues ICPC for N10bn over alleged denial of family access

Former Kaduna State Governor, Nasir El-Rufai, has filed a N10 billion suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) over the alleged denial of access to him by his wife and son while in custody.

El-Rufai filed the suit through his counsel, Ubong Akpan, at the Federal High Court in Abuja.

He joined the ICPC Chairman, Musa Aliyu, and the Attorney-General of the Federation (AGF), Lateef Fagbemi, as the second and third defendants respectively.

The suit, marked FHC/ABJ/CS/1852/2026, was filed on August 13 and was sighted by the News Agency of Nigeria (NAN) in Abuja on Sunday.

In the suit, El-Rufai is seeking nine reliefs, including a declaration that his fundamental rights guaranteed under Part IV of the 1999 Constitution remain in force despite his detention.

He alleged that the ICPC had repeatedly prevented his wife, Aichatou Asabe, and son, Abba El-Rufai, from visiting him and providing him with food, medication and other necessities.

According to him, the alleged denial violated his rights to dignity and private and family life guaranteed under Sections 34 and 37 of the Constitution, as well as Articles 5 and 18 of the African Charter on Human and Peoples’ Rights.

El-Rufai also asked the court to declare that the alleged physical restraint, intimidation and treatment of Asabe and Abba by ICPC officers on July 7 constituted a violation of his fundamental rights.

He contended that the continued denial of access to his family was unconstitutional, illegal, null and void.

The former governor is also seeking an order directing the respondents to grant him “unhindered and reasonable access” to his family members and counsel throughout his detention, in accordance with an earlier order of the Federal High Court.

El-Rufai alleged that despite the earlier court order permitting access to his family and lawyers, the ICPC prevented his wife and son from seeing him without justification.

“This action has subjected the applicant to humiliation, emotional trauma, anxiety and psychological distress,” he alleged.

He further contended that the respondents’ conduct amounted to an unjustifiable interference with his dignity and family life.

What affidavit says
In an affidavit filed in support of the suit, Mohammed Shaba, El-Rufai’s Principal Secretary, said the former governor was being detained at the ICPC office in Abuja.

Shaba said the facts contained in the affidavit were supplied to him by Asabe on July 12.

He stated that Asabe had been responsible for providing her husband with food, clothing, medication and other personal necessities since his detention.

According to him, El-Rufai is the first defendant in charge number FHC/KD/73C/2025, pending before the Federal High Court in Kaduna, in which the Federal Republic of Nigeria is the complainant.

Shaba further stated that Justice R. M. Aikawa of the Kaduna Division of the Federal High Court, on April 1, ordered the ICPC to allow the defendants access to their counsel and personal physicians whenever required.

“Clearly, this order reflects the settled principle of law that detainees are not to be held incommunicado and that the ICPC is subject to judicial oversight regarding the conditions of detention,” he said.

He also argued that El-Rufai retained his fundamental rights under the Constitution and the Administration of Criminal Justice Act (ACJA), 2015, including the right to humane treatment and reasonable access to family members.

Shaba said Asabe had regularly visited her husband and delivered meals and other items to him before July 7 without obstruction, in accordance with the ICPC’s established visiting procedures.

El-Rufai is currently in ICPC custody in connection with a criminal charge pending before the Federal High Court in Kaduna.

His latest suit challenges what he alleges to be restrictions placed on his access to family members and seeks, among other reliefs, enforcement of his constitutional rights during detention.