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

 Nasir el-Rufai, former governor of Kaduna state, has filed a
N10 billion suit against the Independent Corrupt Practices and Other Related
Offences Commission (ICPC) for allegedly denying his wife and son access to him
in custody.

 

El-Rufai filed the suit through his lawyer, Ubong Akpan, at
the federal high court in Abuja.

The former Kaduna governor also joined Musa Aliyu, the ICPC
chairman, and Lateef Fagbemi, the attorney-general of the federation (AGF), as
second and third defendants.

The suit, marked FHC/ABJ/CS/1852/2026, was filed on August
13 and sighted by NAN in Abuja on Sunday.

El-Rufai is seeking nine reliefs, including a declaration
that his fundamental rights under part IV of the 1999 constitution remain in
force despite his detention.

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

The former governor said the alleged denial violated his
rights to dignity and private and family life as guaranteed under sections 34
and 37 of the constitution and articles 5 and 18 of the African Charter on
Human and Peoples’ Rights.

EL-RUFAI ALLEGES VIOLATION OF FAMILY 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 amounted to a violation of his fundamental rights.

He alleged that the commission’s continued denial of access
to his family was unconstitutional, illegal, null and void.

The former governor is seeking an order directing the
respondents to grant him “unhindered and reasonable access” to his family
members and counsel throughout his detention, in line with an earlier order of
the federal high court.

El-Rufai alleged that despite the 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 added that the respondents’ conduct amounted to an
unjustifiable interference with his dignity and family life.

EX-GOVERNOR SAYS COURT ORDER GUARANTEES ACCESS

In an affidavit filed in support of the suit, Mohammed
Shaba, el-Rufai’s principal secretary, said the former governor is 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 said 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, where
the Federal Republic of Nigeria is the complainant.

Shaba said R. M. Aikawa, presiding judge 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 further argued that El-Rufai retains his fundamental
rights under the constitution and the Administration of Criminal Justice Act
(ACJA), 2015, including 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.

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