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Nasir-El-Rufai | Photo: ICIR

El-Rufai files N10bn suit against ICPC over alleged family access denial

Former Kaduna governor Nasir El-Rufai is seeking N10 billion in damages, alleging that the ICPC denied his wife and son access to him while in custody.

Former Kaduna State Governor Nasir El-Rufai has filed a N10 billion suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), alleging that the anti-graft agency repeatedly prevented his wife and son from visiting him while he remains in custody.

El-Rufai filed the suit through his lawyer, Ubong Akpan, at the Federal High Court in Abuja. He joined ICPC Chairman Musa Aliyu and Attorney-General of the Federation Lateef Fagbemi as the second and third defendants.

The suit, marked FHC/ABJ/CS/1852/2026, was filed on August 13, according to court documents sighted by the News Agency of Nigeria.

The former governor is seeking nine reliefs, including declarations that his fundamental rights under Part IV of the 1999 Constitution remain in force despite his detention.

El-Rufai alleges family access violation

El-Rufai alleged that ICPC officials repeatedly prevented his wife, Aichatou Asabe, and son, Abba El-Rufai, from visiting him and providing food, medication and other necessities.

He argued that the alleged denial violated his constitutional rights to dignity and private and family life under Sections 34 and 37 of the Constitution, as well as Articles 5 and 18 of the African Charter on Human and Peoples’ Rights.

The former governor also alleged that ICPC officers physically restrained and intimidated Asabe and Abba on July 7.

He is asking the court to declare the alleged conduct unconstitutional, illegal, null and void.

He further wants an order directing the respondents to grant him “unhindered and reasonable access” to his family members and counsel throughout his detention, in accordance with an earlier order of the Federal High Court.

He alleged that despite the existing court order permitting access to his family and lawyers, the ICPC prevented his wife and son from seeing him without justification.

“This action has subjected the applicant to humiliation, emotional trauma, anxiety and psychological distress,” he alleged.

Court order central to El-Rufai’s case

In an affidavit filed in support of the suit, Mohammed Shaba, El-Rufai’s principal secretary, said the former governor is being detained at the ICPC office in Abuja.

Shaba said Asabe supplied the information contained in his affidavit and had been responsible for providing her husband with food, clothing, medication and other personal necessities since his detention.

He identified El-Rufai as the first defendant in charge number FHC/KD/73C/2025, pending before the Federal High Court in Kaduna, with the Federal Republic of Nigeria as complainant.

Shaba said Justice R. M. Aikawa of the Federal High Court, Kaduna, ordered on April 1 that ICPC should allow defendants access to their counsel 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,” he said.

He also argued that El-Rufai retains his fundamental rights under the Constitution and the Administration of Criminal Justice Act, 2015, including humane treatment and reasonable access to family members.

ICPC and El-Rufai have disputed access

The latest suit comes amid an ongoing dispute between El-Rufai’s family and the ICPC over access to the former governor.

The commission has previously maintained that access to El-Rufai is governed by court orders and its procedures for persons in custody. In May, the ICPC said a request by African Democratic Congress leaders to visit El-Rufai could not be granted because the relevant court order limited access to his family, doctors and counsel.

The ICPC has also defended its handling of El-Rufai’s detention, saying he remains in custody pursuant to court orders and that the commission is complying with judicial directives.

In July, the commission disputed claims surrounding a medical visit involving El-Rufai, saying it facilitated his access to medical attention under appropriate security arrangements. El-Rufai’s representatives subsequently rejected aspects of the commission’s account.

El-Rufai has been in ICPC custody in connection with corruption-related charges filed against him. The commission said in March that the charges include allegations involving conversion and possession of public property and money laundering, while separate state-level charges include alleged abuse of office and fraud. The allegations remain subject to judicial determination.

The N10 billion suit now places the alleged denial of family access before the Federal High Court, with the former governor asking the court to determine whether the treatment he alleges amounts to a violation of his constitutional and human rights.

Samiah Ogunlowo

Samiah Olabimpe Ogunlowo is a passionate writer and storyteller who believes in the power of words to inform, inspire, and connect. Writing has always been her way of expressing herself, and she brings this authenticity to every story she tells.

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