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 N1 billion fundamental rights suit filed by detained Nasir El-Rufai, former Governor of Kaduna State, over the alleged denial of access to his wife and son.
The respondents argued that the commission acted within its powers when it temporarily restricted access to El-Rufai following alleged breaches of security protocols at its detention facility in July.
The suit, marked FHC/ABJ/CS/1852/2026, was filed by El-Rufai through his lawyer, Ubong Akpan, on August 13, 2026, against the ICPC, its chairman, Musa Aliyu, a Senior Advocate of Nigeria (SAN), and the AGF.
El-Rufai is seeking N1 billion in damages over what he described as the violation of his fundamental rights after his wife, Aichatou Asabe, and son, Abba El-Rufai, were allegedly prevented from visiting him in July.
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He is also asking the court to declare that his fundamental rights guaranteed under Part IV of the 1999 Constitution remain valid and enforceable despite his detention by the anti-corruption commission.
The former governor has made nine prayers before the court, which has assigned the case to Chigozie Onah (Justice).
However, in a joint counter-affidavit sworn by John Uche, a chief anti-corruption assistant in the ICPC’s Internal Security Support Unit, the commission disputed several of the claims made by El-Rufai.
The commission maintained that the former governor was being lawfully detained pursuant to an order of the Federal High Court in Kaduna in a criminal proceeding marked FHC/KD/73C/2025.
According to Uche, the restriction on access followed a series of alleged security breaches at the commission’s detention facility.
He said the ICPC had on July 7 facilitated a medical visit for El-Rufai to see his personal physician, in compliance with a court order, with the former governor accompanied by ICPC officers and his wife, Asabe.
The commission alleged that the medical visit subsequently turned into a political meeting, which it said breached its security protocol and exposed vulnerabilities in its existing access-control arrangements.
Following the incident, Uche said, the commission introduced temporary measures restricting non-essential access to El-Rufai while it reviewed its security arrangements.
The restriction, he said, was considered necessary because unrestricted access could pose a continuing security risk until the alleged vulnerability was properly assessed and addressed.
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Uche said that on the same day, El-Rufai’s son, Abba, approached him at his desk and requested permission to visit his father.
He said he contacted his superior, Henry Hwande, who directed him to establish the purpose of the visit.
After Abba explained that he wanted to make a routine visit, Uche said he was instructed to ask him to remain in the commission’s waiting area.
According to the officer, Asabe later met her son in the waiting area and began demanding that he be allowed to see his father.
Uche alleged that an ICPC officer, identified as Titilayo Remi, attempted to calm the situation but that Asabe was uncooperative.
He further alleged that Abba subsequently attempted to enter the commission’s building, prompting him to physically block his way.
Uche said that while trying to prevent Abba and Asabe from entering the facility, he fell into a ditch and became trapped.
He alleged that his call for help attracted security personnel, who intervened to prevent Abba from gaining unauthorised entry, while Asabe managed to enter the building and proceeded towards the detention area.
The ICPC officer also alleged that after being prevented from entering, Abba lay in the gutter and repeatedly rubbed his leg against its edge.
The commission said the events were captured by CCTV cameras installed at strategic locations within and around its premises.
Uche said the CCTV recordings remained intact and had not been altered or tampered with.
According to the ICPC, its security review following the July 7 incident also uncovered an earlier alleged breach involving Asabe.
Uche said the commission discovered that Asabe had allegedly been brought into its premises on Saturday, July 4, at about 7:35 p.m., after official visiting hours.
He alleged that some officers of the commission connived in facilitating the entry and said those involved were facing disciplinary proceedings.
The commission subsequently determined that Asabe’s repeated alleged disregard for access-control procedures constituted a specific security risk.
Her visiting rights were therefore temporarily suspended pending the conclusion of the security review and the implementation of measures to address the identified vulnerabilities.
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Uche said that on July 8, another of El-Rufai’s wives, Asia Ahmed El-Rufai, wrote to request a meeting with the Director of Operations following the July 7 incident.
He said Asia and a lawyer, identified as Aremu, met with the Director of Operations and Hwande on July 9.
One of the issues discussed was the denial of access to Asabe, to which the Director of Operations reportedly responded that an investigation was ongoing and that her access to the commission’s premises had been temporarily suspended pending its conclusion.
The ICPC said it subsequently received another letter dated July 16 but did not respond because, according to Uche, there was no new development beyond the explanation already provided.
The commission also rejected El-Rufai’s claim that his family members were generally denied access to him.
Uche said other members of the former governor’s family, including his son who was denied entry on July 7, had subsequently been allowed to visit him and bring food, medication and other essential supplies.
He attached the commission’s visitors’ log to his counter-affidavit as Exhibit ICPC D.
The ICPC therefore urged the court to dismiss El-Rufai’s application in the interest of justice.
The Attorney-General of the Federation also urged the court to dismiss the suit, arguing that he had no role in the alleged denial of access to El-Rufai’s family.
In a separate counter-affidavit sworn on September 11 by Oni Michael, an administrative officer in the Civil Litigation and Public Law Department of the Federal Ministry of Justice, the AGF denied responsibility for the former governor’s arrest or detention.
Michael said the AGF does not maintain a detention facility and was not responsible for the control or management of the ICPC’s facility.
He also stated that the AGF was not present during the July 7 incident and did not at any time prevent El-Rufai’s wife or son from visiting him.
The AGF further argued that the order issued by Justice R.M. Aikawa of the Federal High Court in Kaduna only directed the ICPC and its chairman to grant El-Rufai access to his counsel and personal physician.
According to the counter-affidavit, the order did not expressly provide for access by Asabe or any other person.
The AGF argued that the ICPC and its chairman were empowered to establish appropriate protocols within their facilities to prevent security breaches.
It described the maintenance of strict security procedures at the detention facility as a matter of national security.
Michael said information supplied to him by Mosunmola Yetunde, the ICPC’s lawyer, confirmed that the commission had complied with the court order by allowing El-Rufai to see his personal physician, accompanied by ICPC officers and his wife.
He alleged, however, that the medical visit subsequently turned into a political meeting.
The AGF consequently supported the commission’s decision to temporarily restrict non-essential access to El-Rufai while its security arrangements were reviewed.
Michael also repeated the allegation that a previous security breach occurred when Asabe was allegedly smuggled into the ICPC facility after official visiting hours with the assistance of a former commission officer.
He said the alleged conduct violated the commission’s access-control procedures and that the officer implicated in the incident had been dismissed from service.
The latest case is the second N1 billion fundamental rights action filed by El-Rufai against the ICPC over his detention and treatment.
The former governor is separately suing the ICPC, the Inspector-General of Police and the AGF over the commission’s search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on February 19.
That case was adjourned by Joyce Abdulmalik on September 21 to October 27 for definite hearing.
El-Rufai has been in ICPC custody for more than seven months following his detention in February in connection with corruption proceedings initiated against him.
He is facing two separate corruption cases, one before the Federal High Court and another before the Kaduna State High Court.
One of the courts reportedly denied him bail and ordered that he remain in ICPC custody pending the conclusion of the proceedings.
