The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has urged the Federal High Court in Abuja to dismiss the N1 billion rights enforcement suit filed by detained former Kaduna state governor, Nasir El-Rufai. The ICPC, in a counter-affidavit, argued that it is empowered to establish protocols within its facilities to prevent security breaches. This suit was filed by El-Rufai against the ICPC, its chairman, Musa Aliyu, and the Attorney-General of the Federation (AGF).
El-Rufai instituted the suit, marked FHC/ABJ/CS/1852/2026, on August 13, seeking N1 billion in damages for being prevented from having access to his wife, Aichatou Asabe, and son, Abba El-Rufai, in July. He claimed that his fundamental human rights, guaranteed under Part IV of the Nigerian constitution, were violated. The suit presents nine prayers in total, including a declaration that his rights remain inviolable despite his detention.
The AGF, in a separate counter-affidavit, also urged the court to dismiss the suit. The court, assigned to Justice Chigozie Onah, will determine the matter. El-Rufai has been detained by the ICPC for over seven months since February, based on a court order issued in an ongoing corruption proceeding instituted by the ICPC against him in Kaduna.
The ICPC, in its counter-affidavit sworn by John Uche, a chief anti-corruption assistant, described several claims in El-Rufai's affidavit as false. Uche maintained that El-Rufai was in the lawful custody of the commission by order of the Federal High Court in Kaduna. The order was issued in a criminal case marked FHC/KD/73C/2025.
El-Rufai is also pursuing a separate N1 billion fundamental rights suit at the Federal High Court in Abuja over the alleged unlawful invasion of his house by ICPC operatives in Abuja in February. The former governor alleged that his wife and son were denied access to him. The ICPC's protocols, according to the counter-affidavit, are aimed at preventing security breaches within its facilities.
The detention of El-Rufai is linked to an ongoing corruption proceeding against him in Kaduna. The ICPC has been holding him since February, based on a court order. The commission's actions have been justified as being in accordance with the law and aimed at ensuring the integrity of the investigation.
The court will consider the submissions of both parties and determine the merit of El-Rufai's suit. The ICPC and AGF's decision to seek dismissal of the suit underscores their confidence in the lawfulness of El-Rufai's detention and the protocols in place.
Key points
- The ICPC and AGF have urged the court to dismiss El-Rufai's N1 billion suit, citing lawful detention and security protocols.
- El-Rufai has been detained by the ICPC for over seven months, based on a court order linked to an ongoing corruption proceeding.
- The ICPC has described several claims in El-Rufai's affidavit as false, maintaining that he is in lawful custody.
