The Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Attorney-General of the Federation (AGF) have jointly asked the Federal High Court in Abuja to dismiss a N1 billion fundamental rights suit filed by former Kaduna State Governor, Nasir El-Rufai. El-Rufai instituted the case against the ICPC, its Chairman, Musa Aliyu, and the AGF, alleging infringement on his constitutional rights during his detention. The suit, marked FHC/ABJ/CS/1852/2026, was filed on August 13 by El-Rufai’s lawyer, Ubong Akpan.
According to the ICPC, El-Rufai was detained pursuant to an order of the Federal High Court in Kaduna in charge number FHC/KD/73C/2025. The commission allowed El-Rufai access to his personal physician, but alleged that the visit turned into a political gathering, prompting a review of its access arrangements. On July 7, El-Rufai’s wife, Aichatou Asabe, and son, Abba El-Rufai, visited the ICPC premises, leading to a security incident that exposed weaknesses in the existing arrangements.
The ICPC, in its joint counter-affidavit, described several claims in El-Rufai’s affidavit as false and maintained that restrictions on visits were introduced due to security concerns. The commission attached a statement by John Uche, a Chief Anti-Corruption Assistant, who alleged that Abba attempted to enter the premises and fell into a ditch while being stopped. Uche also claimed that Asabe met her son and demanded to see El-Rufai, leading to a tense situation.
The ICPC further alleged that Asabe had previously been brought into the facility after official visiting hours on July 4, with the assistance of some officers, leading to disciplinary proceedings against the officers involved. One of the officers was eventually dismissed from service. The commission insisted that its decision to restrict visits was not intended to cut El-Rufai off from his family, as other relatives continued to visit him.
The AGF, in a separate counter-affidavit filed on September 11, argued that he was wrongly blamed for actions carried out within the ICPC facility. The AGF maintained that he neither arrested nor detained El-Rufai and did not control the detention facility where the former governor was being held. The Federal Government supported the ICPC’s account that the commission was within its powers to establish security procedures for its detention facilities.
The AGF also denied being involved in the events of July 7 and argued that a previous court order relied upon by El-Rufai only required the ICPC to give him access to his counsel and personal physician. The Federal Government described security at the detention facility as a matter of national security.
The ICPC and AGF urged the court to reject El-Rufai’s claims and dismiss the case against them. The commission attached its visitors’ log as evidence of the visits allowed to El-Rufai’s family members, who brought food, medication, and other essential items to the former governor.
Key points
- ICPC and AGF seek dismissal of El-Rufai's N1bn suit
- El-Rufai alleges infringement on his constitutional rights during ICPC detention
- ICPC cites security concerns for restricting visits to El-Rufai
