El-Rufai seeks N10bn from ICPC over alleged denial of family visits
By: Abudu Olalekan
Former Kaduna State Governor Nasir El-Rufai has filed another N10 billion fundamental rights suit against the Independent Corrupt Practices and Other Related Offences Commission, complaining that they are denying him access to his wife and son while in custody.
The suit filed on August 13 before the Federal High Court in Abuja bears the reference number FHC/ABJ/CS/1852/2026 and challenges the practices of the anti-graft agency.
El Rufai’s lawyer, Ubong Akpan, filed the suit against the ICPC chairman and the Attorney-General of the Federation as the second and third defendants, respectively. The petitioner sought nine reliefs from the court, including a judgment that El-Rufai’s fundamental rights, as guaranteed by Part IV of the 1999 Nigerian Constitution, are not suspended during his detention.
El Rufai’s rights were allegedly violated when the ICPC repeatedly refused his wife, Aichatou Asabe, and his son, Abba El Rufai, entry to the prison.
The former governor invoked Sections 34 and 37 of the Constitution and Articles 5 and 18 of the African Charter on Human and Peoples’ Rights, arguing that the respondents’ actions violated him of his right to dignity and family life.
Additionally, El Rufai accused the ICPC of physical and verbal harassment of his wife and son on July 7, describing the agency’s conduct as an “arbitrary interference with his private life and family relationships.”
El Rufai requested the court to order “that the respondents’ continuing denial of the applicant’s fundamental right to free access to his spouse, children, and counsel is unconstitutional, illegal, null, and void.”
He also sought an order directing the respondents to allow him “unhindered and reasonable access to members of his family and counsel throughout the duration of his detention as directed by the Federal High Court.”
According to the petition, the alleged restriction by the ICPC of El Rufai’s access to his family denied him the right to food, medication, and other necessities.
“As a result of the respondents’ conduct, the applicant is being subjected to humiliation, anguish, and psychic trauma,” the petition stated. “The respondents have acted with malice and arbitrariness and violated the applicant’s rights under Section 34, 37, and 46 of the Constitution and the African Charter on Human and Peoples’ Rights.”
Furthermore, El Rufai argued that the respondent’s conduct “constitutes an unlawful, arbitrary, and capricious interference with the applicant’s dignity and private family life and is hereby declared to be unconstitutional.”
The affidavit in support of the suit is signed by El Rufai’s Principal Secretary, Mohammed Shaba, who noted that the former governor was confined at the ICPC’s custody in Abuja.
Shaba stated that the information set out in the affidavit was received from El Rufai’s wife, Asabe, on July 12, and that she had been caring for her husband by providing him with food, clothing, medication, and other personal necessities.
Shaba also noted that El Rufai was the first defendant in the case FHC/KD/73C/2025 before the Federal High Court, Kaduna Division. In this case, the Federal Republic of Nigeria is the applicant, following the filing of a criminal case.
“It will be recalled that Your Lordship (Justice R.M. Aikawa) at Kaduna delivered the order dated April 1, 2026, requiring the ICPC to grant the defendants access to their lawyers and personal physicians on all occasions,” the affidavit stated.
“By virtue of this order, it is now axiomatic that the detention of the applicant is not incommunicado, and the terms of the applicant’s confinement, including access to lawyers and private physicians, are justifiably subject to the supervision of the court.”
The affidavit also argued that El Rufai’s constitutional rights to humane treatment and free access to his family had not been suspended in accordance with the Administration of Criminal Justice Act.
According to Shaba, prior to the alleged July 7 incident, Asabe had been visiting El Rufai frequently and bringing him food and other necessities without being obstructed.
Previous litigation against the ICPC
El Rufai’s N10 billion fundamental rights suit is the latest in a series of court cases brought against the ICPC by the former governor after the agency opened a probe into him.
His most recent N1 billion fundamental rights suit was filed in February after the ex-governor challenged the search of his Abuja residence by ICPC operatives.
The suit, which bore the reference number FHC/ABJ/CS/345/2026, was filed against the Kaduna Judicial Secretariat, Kaduna Police Command, and another respondent whose name was redacted. It challenged the search warrant issued by the FCT Magistrates’ Court.
El Rufai alleged that the search violated his dignity, personal liberty, right to a fair hearing, and privacy under Sections 34, 35, 36, and 37 of the Nigerian Constitution. The N1 billion suit was later amended, with El Rufai’s legal team removing the magistrate who issued the search warrant as a defendant.
Olalekan A. Abudu is a seasoned and dedicated News Journalist at REPORTERS ROOM, with over eight years of experience. He specializes in politics, climate change, health, and education, while also covering security, economic, and judicial issues. Committed to accuracy and balanced reporting, Olalekan exemplifies the principles of public-interest journalism.
