The Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Attorney-General of the Federation (AGF), Lateef Fagbemi, have urged 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 filed the suit over alleged restrictions placed on visits by his wife, Aichatou Asabe, and his son, Abba El-Rufai, while he was in the custody of the ICPC.
The case, marked FHC/ABJ/CS/1852/2026, was filed on August 13 by El-Rufai’s lawyer, Ubong Akpan. The former governor is asking the court to declare that his constitutional rights remain enforceable despite his detention and to order the respondents to grant him reasonable access to members of his family.
He is also seeking N1 billion in damages over the alleged infringement of his fundamental rights.
However, in a counter-affidavit filed before the court, the ICPC rejected the allegations and attributed the restrictions on visitors to security concerns at its detention facility.
The commission said El-Rufai was being held pursuant to an order of the Federal High Court in Kaduna in charge number FHC/KD/73C/2025.
According to the ICPC, it had previously permitted El-Rufai to visit his personal physician in line with a court directive. However, the commission alleged that the medical visit on July 7 was turned into a political gathering, prompting it to review its security and visitation arrangements.
The commission also alleged that a confrontation occurred when El-Rufai’s son, Abba, arrived at its premises to visit his father.
An officer identified as John Uche, a Chief Anti-Corruption Assistant in the ICPC’s Internal Security Support Unit, alleged that Abba attempted to gain access to the premises after being asked to wait at the reception.
Uche further claimed that he fell into a ditch while attempting to prevent Abba from entering the facility and called for assistance. He said the incident was captured on CCTV cameras installed around the premises.
The ICPC also alleged that El-Rufai’s wife had previously been brought into the facility after official visiting hours on July 4, at about 7:35pm, with the assistance of some officers.
The commission said officers allegedly involved in the incident were subjected to disciplinary proceedings, with one eventually dismissed from service.
It consequently suspended Asabe’s visiting access temporarily while it reviewed its security arrangements.
The ICPC, however, maintained that the measures did not amount to completely cutting El-Rufai off from his family, noting that other relatives continued to visit him and bring food, medication and other essential items.
The commission attached its visitors’ log to its counter-affidavit as evidence of the visits.
The AGF also urged the court to dismiss the case, arguing that the Federal Government’s legal representative was wrongly blamed for actions carried out within the ICPC facility.
In a separate counter-affidavit filed on September 11, the government stated that the AGF neither arrested nor detained El-Rufai and had no control over the ICPC’s detention facility.
The AGF further argued that an earlier court order relied upon by El-Rufai only required the ICPC to grant him access to his lawyers and personal physician, and did not specifically provide for access to his wife or other visitors.
The Federal Government maintained that the ICPC was empowered to establish security protocols within its facilities to prevent security breaches.
It therefore urged the court to dismiss El-Rufai’s suit, insisting that the AGF could not be held responsible for the alleged denial of access to the former governor’s family.
