ICPC, AGF defend blocking family members from visiting detained El-Rufai, seek N1bn rights suit's dismissal

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has urged the Federal High Court in Abuja to dismiss the N1 billion rights enforcement suit filed by detained former Kaduna State Governor Nasir El-Rufai.

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The Attorney-General of the Federation (AGF), also in a separate counter-affidavit, urged the court to dismiss the suit, which has been assigned to Judge Chigozie Onah, arguing that the ICPC is empowered to establish protocols within its facilities to prevent security breaches.

The News Agency of Nigeria (NAN) reports that the detained ex-governor instituted the suit against the ICPC, its Chairman, Musa Aliyu, a Senior Advocate of Nigeria (SAN), and the AGF.

Mr El-Rufai, through his suit marked FHC/ABJ/CS/1852/2026 and filed by Ubong Akpan on 13 August, sought N1 billion in damages for being prevented from having access to his wife, Aichatou Asabe, and son, Abba El-Rufai, in July this year.

Mr El-Rufai is also pursuing a separate N1 billion fundamental rights suit at the Federal High Court in Abuja over an alleged unlawful invasion of his house by ICPC operatives in Abuja in February.

Mr El-Rufai has been detained by the ICPC for more than seven months since February based on a court order issued in an ongoing corruption proceeding instituted by the ICPC against him in Kaduna.

The former governor, who alleged that his wife and son were denied access to him prayed the court to declare that his fundamental human rights guaranteed under Part IV of the Nigerian constitution remain inviolable and in force notwithstanding his detention by the commission and should be honoured. The suit presents nine prayers in total.

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The ICPC, responding in a joint counter-affidavit sworn by John Uche, a chief anti-corruption assistant in its Internal Security Support Unit, described several claims in the affidavit filed in support of Mr El-Rufai’s suit as false.

Mr Uche maintained that Mr El-Rufai was in the lawful custody of the commission by order of the Federal High Court in Kaduna. He said the order was issued in a criminal case marked FHC/KD/73C/2025.

Why family members were denied access to El-Rufai – ICPC

He said on 7 July, in compliance with the court order permitting access to Mr El-Rufai’s physician, the commission facilitated a medical visit to his personal physician accompanied by their officers and his wife, Asabe.

He said shortly after the hospital visit by the doctor and Mr El-Rufai’s wife, the ICPC received reports that the medical visit had turned into a political meeting, breaching its security protocol and demonstrating that the existing access control environment was vulnerable.

Against this development, the commission said it adopted a temporary-access control measure, restricting non-essential access to the ex-governor because unrestricted access presented a continuing risk until the vulnerability was understood and adequately mitigated.

The commission said that as this occurred on 7 July, Mr El-Rufai’s son, Abba, approached Mr Uche at his desk to request a visit to his father.

Mr Uche wrote that he contacted his superior, Henry Hwande, who instructed him to find out the purpose of Abba’s visit.

He said he made the enquiry and was told that it was a regular visit and the information was relayed to his superior who instructed that Abba should wait in the commission’s waiting area.

He said while Abba was waiting, Asabe, Mr El-Rufai’s wife, met him and after conversing with him began raising her voice and demanding that Abba be granted access to his father.

“That my colleague, Miss Titilayo Remi, tried to speak and reason with her to de-escalate the situation but she was uncooperative,” Mr Uche wrote.

Mr Uche said several minutes later, Abba attempted to proceed into the commission’s building, but he quickly stood in his way to prevent both him and Asabe from gaining access.

“That while being focused on preventing him from gaining access, I fell into a ditch where my leg trapped and I called out for help at which point the applicant’s son and Aichatou Asabe continued to make their way towards the building’s entrance, as captured by the CCTV footage.

“That my cry for help attracted the security personnel who then swung into action to prevent the unauthorised entry of the applicant’s son while Aichatou Asabe gained access into the building and headed for the detention area.

“That after he was prevented from gaining entry into the building, the applicant’s son lay in the gutter and repeatedly rubbed his leg against the edge of the gutter.

“That the 1st respondent has Closed-Circuit Television (CCTV) cameras installed at various strategic locations within and around its office premises for security and monitoring purposes, which cameras record activities and events occurring with their respective fields of view.”

He added that the contents of the storage system, including the CCTV recordings, remained accurate and were not altered or tampered with during the material period.

Mr Uche said that following a second security breach on 7 July, the ICPC determined that its existing access arrangements were no longer adequate warranting an urgent review.

The officer said during the course of the review, the commission uncovered another security breach involving Asabe.

He said Asabe was allegedly smuggled into the ICPC’s premises on Saturday, 4 July at about 7:35 p.m. after official visiting hours with the connivance of some officers of the commission, who are currently facing disciplinary action.”

He said that based on Asabe’s repeated disregard for access control protocols, the commission determined that her continued access posed a specific security risk.

“As such, her visiting access to the applicant was temporarily suspended pending completion of the security review and implementation of appropriate mitigation measures.”

He said he was informed by Henry Hwande, the head of the Internal Security Support Unit, on 26 August, that:

“On 8 July, Asia Ahmed El-Rufai one of the applicant’s wives wrote requesting audience with the Director of Operations following the incident of 7 Jul 2026.

“Further to the letter, the Director of Operations alongside Mr Henry Hwande met with Asia Ahmed El-Rufai and a counsel by name, Mr Aremu, at the Director Operations office on 9 July.

“One of the issues discussed at the meeting was the denial of access to Aichatou Asabe to which the Director Operations responded that there was an ongoing investigation and Aichatou Asabe was temporarily suspended from accessing the 1st respondent’s premises until same was completed.

“The 1st respondent, having earlier responded to the issue of Aichatou Asabe’s temporary denial of access, did not see the need to respond to the letter of 16 July 2026 as nothing new had come up,” he said.

He said contrary to Mr El-Rufai’s claim, other members of his family, including his son who was refused entry on 7 July, had severally been granted access to visit him bringing meals, medication and other necessary supplies after the 7 July incident.

Mr Uche, who attached a copy of the commission’s visitors log as Exhibit ICPC D to his counter-affidavit, said dismissing the detained ex-governor’s claims would be in the interest of justice.

AGF also counters El-Rufai’s suit

The AGF, in a counter-affidavit sworn on 11 September by Oni Michael, an administrative officer in the civil litigation and public law department of the Federal Ministry of Justice, also denied several of Mr El-Rufai claims.

Mr Michael stated that the AGF had no responsibility to arrest and/or detain any person suspected of committing any crime, including Mr El-Rufai. He added that the AGF does not maintain a detention facility.

“That the alleged infringement of the applicant’s right was not done by the 3rd respondent in any way whatsoever as he is not responsible for the maintenance and control of the 1st and 2nd respondents’ detention facility.”

The officer further stated that the AGF was not part of the alleged events of 7 July and at no time did he deny Mr El-Rufai’s family members access to him.

According to Michael, the order of Judge R.M. Aikawa of the Federal High Court in Kaduna solely directed the ICPC and its chairman to allow the applicant access to his counsel and personal physician.

“That the attached order did not include access to Aichatou Asabe or any other person.

“That the 1st and 2nd respondents are empowered to put in place protocols within their facilities to prevent breach of security,” he said.

The officer submitted that maintenance of serious security protocols at the ICPC’s detention facility is a matter of national security.

Mr Michael stated that Mosunmola Yetunde, ICPC’s lawyer, informed him that the commission, complying with the court order allowed Mr El-Rufai access to his personal physician accompanied by ICPC officers and his wife, Asabe.

“That the medical meeting turned into a political meeting.

“That the 1st respondent adopted a temporary access control measure which resulted in temporarily restricting non-essential access to the applicant due to vulnerability risk.

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“That the restriction put in place was to ensure serious security protocol, necessary for the maintenance and control of the 1st respondent’s detention facility.

“That it became necessary flowing from the events of 7 July to review the CCTV Security footage of the 1st respondent’s facility, Mr Michael wrote.

He added that during the course of the review, it was discovered that there had been an earlier security breach involving Asabe.

He said this happened in connivance with an ex-officer of the commission, wherein Asabe was smuggled into the commission’s facilities after official visiting hours.

“That the act of Aichatou Asabe and the ex-officer of the 1st respondent breached the 1st respondent’s security access protocol.

“That the officer found liable in smuggling Aichatou Asabe into the 1st respondent’s detention facility has been dismissed from the service of the 1st and 2nd respondents.

Besides this suit, Mr El-Rufai has a separate N1 billion legal action against the ICPC, the Inspector-General of Police and the AGF over the ICPC-led search of his residence at House 12, Mambilla Street, Aso Drive, Abuja, on 19 February.

On 21 September, Judge Joyce Abdulmalik adjourned the case until 27 October for a definite hearing.

Mr El-Rufai faces two separate corruption cases: one before the Federal High Court and the other before the Kaduna State High Court. One of the courts denied him bail and ordered his remand his custody in the ICPC custody pending the conclusion of the trial.