El-Rufai files N10bn suit against ICPC, accuses agency of denying him access to family

Former Kaduna State Governor Nasir El-Rufai has filed a fresh N10 billion fundamental rights suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), accusing the anti-corruption agency of allegedly preventing his wife and son from visiting him in detention.

El-Rufai, who is currently in ICPC custody, alleged that his wife, Aichatou Asabe, and son, Abba El-Rufai, had been denied access to him despite an earlier Federal High Court order permitting access to his lawyers and personal physicians.

The suit, filed by his counsel, Ubong Akpan, also joined the ICPC chairman and the Attorney-General of the Federation (AGF) as the second and third defendants.

According to the News Agency of Nigeria (NAN), the originating motion, marked FHC/ABJ/CS/1852/2026 and filed on August 13, seeks nine reliefs from the Federal High Court in Abuja.

Rather than challenging only the legality of his detention, the latest suit focuses on the conditions of his detention and his continued access to members of his immediate family.

El-Rufai asked the court to declare that his fundamental rights under Part IV of the 1999 Constitution, as amended, remain valid and enforceable despite his detention.

He argued that detention does not extinguish his constitutional rights, particularly his rights to dignity and private and family life.

According to him, the alleged denial of access to his wife and son has prevented them from providing him with food, medication and other necessities.

El-Rufai specifically asked the court to declare that the denial of family access without lawful justification or a court order violated his rights under Sections 34 and 37 of the Constitution and Articles 5 and 18 of the African Charter on Human and Peoples’ Rights.

He also alleged that ICPC officers physically restrained and intimidated his wife and son on July 7, describing the incident as an arbitrary interference with his relationship with his immediate family.

He sought “a declaration that the respondents’ continued denial of family access without lawful authority is unconstitutional, illegal, null and void.”

He further prayed the court for “an order directing the respondents to grant the applicant unhindered and reasonable access to members of his family and counsel throughout the period of his detention as earlier directed by the Federal High Court.”

The former governor maintained that the alleged denial was particularly concerning because, according to him, a court had already addressed the issue of access to detainees.

He referred to an April 1 order of the Federal High Court in Kaduna, presided over by Justice R. M. Aikawa, which he said directed the ICPC to permit access to his 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 told the court.

El-Rufai argued that the order should be considered alongside constitutional safeguards for detainees and provisions of the Administration of Criminal Justice Act (ACJA), 2015.

He contended that the safeguards include humane treatment and reasonable access to family members, particularly where such access enables a detainee to receive essential food and medication.

His lawyer said Asabe had regularly visited her husband before July 7 and delivered meals and other items to him without obstruction.

The visits, according to the lawyer, were conducted in accordance with the ICPC’s established procedures and were consistent with the former governor’s constitutional and statutory rights.

However, the situation allegedly changed on July 7 when El-Rufai’s wife and son were reportedly prevented from seeing him.

The former governor alleged that the restriction had subjected him to emotional and psychological pressure.

“This action has subjected the applicant to humiliation, emotional trauma, anxiety and psychological distress,” his legal team said.

“The respondents acted arbitrarily, unlawfully and in a manner inconsistent with Sections 34, 37 and 46 of the constitution and the African Charter on Human and Peoples’ Rights.”

“The respondents’ conduct amounts to an unjustifiable interference with the applicant’s dignity and family life and is therefore unconstitutional,” he alleged.

The latest suit therefore expands the legal dispute surrounding El-Rufai’s detention from the question of his custody to the broader issue of the rights retained by a detainee while under investigation.

El-Rufai is asking the court to compel the ICPC to restore what he described as reasonable and unhindered access to his family and legal representatives throughout his detention.

On July 7, SaharaReporters reported that the ICPC accused El-Rufai of abusing a court-approved medical visit while in its custody, describing the incident as a violation of a court order.

The commission also announced the arrest and detention of El-Rufai’s personal physician, Professor Bello Abubakar, over alleged false statements, saying it would present the alleged breach before the court.

El-Rufai is being detained by the ICPC over allegations of fraud, abuse of office and money laundering allegedly committed during his tenure as Kaduna State governor between 2015 and 2023.

His detention is connected to ongoing court proceedings in which his bail applications have been contested, with the parties also disputing medical records and other legal conditions.