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The Federal High Court in Abuja fixes December 8 for judgment in El-Rufai’s ₦10 billion rights suit against the ICPC and two other respondents.
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The former governor alleges that the commission violated his rights by denying his wife and son access to him in detention.
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CCTV footage played in court featured alleged security breaches involving El-Rufai’s wife, Aichatou Asabe, and son, Abba.
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The ICPC and the Attorney-General of the Federation urge the court to dismiss the suit, insisting that the commission acted within established security protocols.
November 04, (THEWILL) – The Federal High Court in Abuja has fixed December 8 for judgement in a ₦10 billion fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir El-Rufai, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) over the alleged denial of access to his wife and son while in detention.
El-Rufai instituted the suit against the commission, its chairman, Musa Aliyu, SAN, and the Attorney-General of the Federation (AGF), alleging that they violated his fundamental rights by preventing his wife, Aichatou Asabe, and son, Abba, from visiting him in custody.
Justice Chigozie Onah fixed the judgment date on Wednesday after counsel to the former governor, Ubong Akpan; the ICPC, represented by Yetunde Mosunmola; and the AGF, represented by Maimuna Lami-Shiru, adopted their respective court processes and presented their final arguments.
Court Orders Presentation Of CCTV Footage
The proceedings featured the playing of closed-circuit television (CCTV) footage from the ICPC headquarters after the judge directed the parties to demonstrate relevant recordings in support of their respective positions.
The court allowed each party 20 minutes to present portions of the footage.
ICPC, through its lawyer, Mosunmola, played recordings showing incidents involving El-Rufai’s wife and son, including an incident on July 7 when Asabe reportedly arrived at the commission’s office at about 2:37 p.m. to deliver food to the former governor. The footage also included an incident on July 4 and an encounter involving Abba.
Mosunmola urged the court to disregard El-Rufai’s allegations, arguing that the recordings established that his wife had breached the commission’s security protocols.
However, Akpan, counsel to the former governor, requested that portions of the footage be replayed, maintaining that neither Asabe nor Abba committed any offence that justified their denial of access to their detained relative.
El-Rufai’s Lawyer Challenges ICPC’s Justification
Adopting the originating processes, Akpan said the suit was filed on August 13 and supported by an originating motion, an eight-paragraph affidavit, exhibits and a written address.
He said four additional affidavits were also filed in support of the application, urging the court to grant all the reliefs sought.
The lawyer raised a sole issue for determination, asking the court to establish whether the respondents had presented any material evidence justifying their decision to prevent El-Rufai’s wife from having access to him.
He argued that any restriction on family visits to a detainee must be supported by verifiable reasons and lawful justification.
“I, therefore, submit that none of the materials before my lord shows a verifiability and justification”, he told the court.
Akpan further argued that denying the former governor access to his immediate family constituted a violation of the law and internationally recognised standards for the treatment of persons in detention, including the United Nations Standard Minimum Rules for the Treatment of Prisoners, commonly known as the Nelson Mandela Rules.
When Justice Onah asked whether the Mandela Rules were enforceable in Nigeria, the lawyer described them as internationally recognised standards governing the conduct of law enforcement and custodial institutions.
ICPC Insists Wife Breached Security Protocol
However, Mosunmola disagreed, insisting that the ICPC and its chairman acted within the law.
She told the court that the commission filed a 27-paragraph counter-affidavit, supported by four exhibits and a written address, on August 31.
She said a further counter-affidavit was filed on September 28.
The lawyer urged the court to rely on the counter-affidavits and accompanying exhibits to dismiss the suit in its entirety.
She maintained that El-Rufai was in lawful custody and that visits to him were subject to established security protocols governing access to the commission’s detention facility.
According to her, the CCTV recordings showed that Asabe breached the commission’s security protocols on two occasions, necessitating a review of the access arrangements.
She argued that family relationships did not confer unrestricted access to detention facilities, particularly where security procedures had been established to regulate visits.
“Access is regulated by rules for security reasons, my lord”, she said.
Mosunmola further told the court that the commission discovered that Asabe had been smuggled into its premises on July 4 with the assistance of some officers on duty. She said the officers involved were subjected to disciplinary proceedings, adding that one of them had been dismissed.
The lawyer also maintained that the restriction was specific to Asabe because of her alleged conduct, insisting that other members of El-Rufai’s family, including another wife, were allowed to visit him, as shown in the CCTV recordings.
She, therefore, urged the court to hold that the commission did not unlawfully interfere with the former governor’s fundamental rights.
AGF Backs ICPC, Seeks Dismissal Of Suit
In her submission, the Director of Civil Litigation and Public Law in the AGF’s office, Maimuna Lami-Shiru, said the Federal Government opposed the suit through a seven-paragraph affidavit filed on September 11, alongside a written address and a reply on points of law.
She urged the court to dismiss the application, arguing that the ICPC and its chairman acted within the confines of the law and that El-Rufai’s wife breached the commission’s security protocols.
In its joint counter-affidavit, deposed to by John Uche, a Chief Anti-Corruption Assistant in the ICPC’s Internal Security Support Unit, the commission described several paragraphs of El-Rufai’s supporting affidavit as false.
Uche said the former governor was being held in lawful custody pursuant to an order of the Federal High Court, Kaduna Judicial Division, in charge number FHC/KD/73C/2025.
He stated that on July 7, the commission facilitated a visit to El-Rufai’s personal physician in compliance with a court order permitting access to the doctor. The visit was accompanied by ICPC officers and Asabe.
However, he alleged that the medical visit was subsequently turned into a political meeting, in breach of the commission’s security protocols.
According to him, the development exposed weaknesses in the existing access control arrangements, prompting the commission to introduce temporary restrictions on non-essential visits while reviewing its security procedures.
Commission Details Alleged Incidents Involving Son
Uche also gave an account of an incident involving Abba, who reportedly visited the commission’s headquarters on July 7 to see his father. He alleged that after being denied entry into the building, Abba lay in a gutter and repeatedly rubbed his leg against its edge.
The ICPC official maintained that the commission’s CCTV cameras, installed at strategic locations within and around its premises, captured the relevant incidents and that the recordings had not been altered or tampered with.
He further alleged that the commission uncovered another security breach involving Asabe, who was said to have entered its premises on July 4 at about 7:35 p.m., after official visiting hours, with the assistance of some officers.
Uche said the commission considered her repeated alleged disregard for access control procedures a specific security risk, prompting the restrictions on her visits.
El-Rufai Seeks Nine Reliefs, ₦10bn Damages
El-Rufai, in his originating motion marked FHC/ABJ/CS/1852/2026 and filed on August 13, is seeking nine reliefs, including a declaration that his fundamental rights guaranteed under Part IV of the 1999 Constitution, as amended, remain protected and enforceable notwithstanding his detention by the commission.
He is also asking the court to award him ₦10 billion in damages over the alleged violation of his rights.
After listening to the submissions of all parties and reviewing the CCTV evidence presented in court, Justice Onah adjourned the matter until December 8 for judgement.
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