El-Rufai Sues ICPC For ₦10 Billion Over Alleged Denial Of Family Access

Former Kaduna State Governor, Nasir El-Rufai, has filed a fresh ₦10bn suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) over allegations that the agency prevented him from seeing his wife and son while in custody.

El-Rufai, through his lawyer, Ubong Akpan, also joined the ICPC Chairman and the Attorney-General of the Federation (AGF) as second and third defendants in the suit.

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

The former governor alleged that his wife, Aichatou Asabe, and son, Abba El-Rufai, were repeatedly denied access to him while he was detained by the anti-graft agency.

In the suit, El-Rufai asked the Federal High Court to declare that his fundamental rights under Part IV of the 1999 Constitution remain enforceable despite his detention.

He argued that denying his family access to him, particularly for the purpose of providing food, medication and other necessities, without a court order or lawful justification, amounted to a violation of his rights.

The former governor relied on Sections 34 and 37 of the Constitution as well as Articles 5 and 18 of the African Charter on Human and Peoples’ Rights.

He also sought a declaration that the alleged treatment of his wife and son by ICPC officers on July 7 amounted to interference with his right to dignity and family life.

El-Rufai asked the court for “a declaration that the respondents’ continued denial of family access without lawful authority is unconstitutional, illegal, null and void.”

He further sought an order directing the respondents to grant him reasonable access to his family members and lawyers throughout the period of his detention.

According to him, an earlier order of the Federal High Court had already permitted access to his lawyers and family, but the ICPC allegedly failed to comply.

He claimed that his wife and son were consequently prevented from delivering food, medication and other personal necessities.

The suit stated, “This action has subjected the applicant to humiliation, emotional trauma, anxiety and psychological distress.

“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.”

El-Rufai maintained that the alleged conduct amounted to an unjustifiable interference with his dignity and family life.

In an affidavit supporting the application, El-Rufai’s Principal Secretary, Mohammed Shaba, said the former governor was being detained at the ICPC office in Abuja.

Shaba said the facts contained in the affidavit were supplied to him by El-Rufai’s wife on July 12.

According to him, Asabe had been responsible for providing her husband with meals, clothing, medication and other personal items since his detention.

He said that before July 7, she had been visiting the former governor regularly without obstruction.

Shaba maintained that the visits were conducted in line with the ICPC’s established procedures and El-Rufai’s rights as a detainee.

The affidavit also referred to a criminal matter, FHC/KD/73C/2025, pending before the Federal High Court in Kaduna, in which El-Rufai is a defendant.

Shaba said Justice R.M. Aikawa had, on April 1, ordered the ICPC to allow the defendants access to their lawyers 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,” the affidavit stated.

El-Rufai argued that beyond the court order, he remained entitled under the Constitution and the Administration of Criminal Justice Act to humane treatment and reasonable access to his family while in custody.

He is asking the court to enforce those rights and award ₦10bn in damages over the alleged violations.