Ex-Kaduna Governor El-Rufai Sues ICPC for Denying Family Access

The single sharpest fact is that El-Rufai, a former governor of Kaduna State, is suing the Independent Corrupt Practices and Other Related Offences Commission (ICPC) for allegedly preventing him from seeing his wife and son while in custody. He's seeking N10 billion in damages.

Former Gov. Nasir El-Rufai instituted the suit against the ICPC for allegedly preventing him from having access to his wife, Mrs Aichatou Asabe, and son, Abba El-Rufai, while in custody. El-Rufai, in the suit filed by his lawyer, Ubong Akpan, also named the ICPC chairman and the Attorney-General of the Federation (AGF) as 2nd and 3rd defendants. The originating motion, marked FHC/ABJ/CS/1852/2026 and filed on Aug. 13, was sighted on Sunday by the News Agency of Nigeria (NAN) in Abuja.

El-Rufai is entitled to the protection and enforcement of his fundamental rights by the honourable court under Section 46 of the 1999 Constitution and the Fundamental Rights (Enforcement Procedure) Rules, 2009. In the affidavit in support of the suit deposed to by the ex-governor's Principal Secretary, Mohammed Shaba, he said it was common knowledge that his boss is being detained by ICPC in its Abuja office. He said the facts contained in the affidavit were supplied to him by Asabe, the lawful wife of the detainee, on July 12.

According to Shaba, since the detention of her husband by the ICPC, Asabe has been personally responsible for providing him with food, clothing, medication, and other personal necessities required for his comfort, health, and well-being while in custody. El-Rufai is the 1st defendant/applicant in charge number: FHC/KD/73C/2025, pending before the Federal High Court (FHC), Kaduna Judicial Division, in which the Federal Republic of Nigeria is the complainant.

On April 1, the FHC in Kaduna, presided over by Justice R. M. Aikawa, made an order directing the ICPC to allow the defendants to have access to their counsel and their personal physicians whenever they need to see them. The 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.

El-Rufai said he was subjected to humiliation, emotional trauma, anxiety, and psychological distress as a result of the ICPC's actions. He claimed that his wife and son were denied access to him without any lawful justification or court order. El-Rufai is seeking a declaration that the respondents' continued denial of family access without lawful authority is unconstitutional, illegal, and invalid.

He prayed the court to order the ICPC to grant him unhindered and reasonable access to his family and counsel throughout the period of his detention. El-Rufai submitted that his wife and son had been prevented from providing him with food, medication, and other necessities, thereby subjecting him to emotional trauma and psychological distress.

According to El-Rufai, the ICPC's actions amount to an unjustifiable interference with his dignity and family life. He claimed that the respondents acted arbitrarily, unlawfully, and inconsistently with Sections 34, 37, and 46 of the Constitution and the African Charter on Human and Peoples' Rights.

The ICPC has yet to respond to the allegations made by El-Rufai. The court will determine the validity of the claims made by the former governor. It remains to be seen what the outcome of this case will be.