El-Rufai sues ICPC for allegedly denying family access to him
Former Gov. Nasir El-Rufai of Kaduna State has filed a fresh N10 billion suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
The ex-governor instituted the suit against the ICPC for allegedly preventing him from having access to his wife, Mrs Aichatou Asabe, and son, Abba El-Rufai, while in custody.
El-Rufai, in the suit filed by his lawyer, Ubong Akpan, also named the ICPC chairman and the Attorney-General of the Federation (AGF) as 2nd and 3rd defendants.
The originating motion, marked FHC/ABJ/CS/1852/2026 and filed on Aug. 13, was sighted on Sunday by the News Agency of Nigeria (NAN) in Abuja.
The detained ex-governor, who alleged that his wife and son were denied to see him, sought nine reliefs.
He prayed the court to declare that his fundamental human rights guaranteed under Part IV of the 1999 Constitution (as amended) remain inviolable and in force notwithstanding his detention by the commission and should be honoured.
He prayed the court to declare that his repeated refusal and/or prevention from access to his family members while in custody, particularly to provide him with food, medication and other necessities, without any lawful justification or court order, breached his rights.
He said these rights are guaranteed under Sections 34 and 37 of the Constitution and Articles 5 and 18 of the African Charter on Human and Peoples’ Rights.
El-Rufai sought a declaration that the physical restraint, intimidation and treatment meted out to Asabe and Abba by ICPC’s officers on July 7, as well as their alleged arbitrary interference with the spousal and filial relationship, amounted to a violation and breach of his right to the dignity of the person as well as his right to private and family life.
He sought “a declaration that the respondents’ continued denial of family access without lawful authority is unconstitutional, illegal, null and void.
The former governor, therefore, prayed the court for “an order directing the respondents to grant the applicant unhindered and reasonable access to members of his family and counsel throughout the period of his detention as earlier directed by the Federal High Court.
He submitted that in spite of the order of court permitting his family members and his lawyers to have access to him, the respondents had prevented his wife and son from having access to him without any justification.
He said, consequently, his wife and son had been prevented from giving him food, medication and other necessities.
“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.
“The respondents’ conduct amounts to an unjustifiable interference with the applicant’s dignity and family life and is therefore unconstitutional,” he alleged.
El-Rufai said he was entitled to the protection and enforcement of his fundamental rights by the honourable court under Section 46 of the 1999 Constitution and the Fundamental Rights (Enforcement Procedure) Rules, 2009.
In the affidavit in support of the suit deposed to by the ex-governor’s Principal Secretary, Mohammed Shaba, he said it was common knowledge that his boss is being detained by ICPC in its Abuja office.
He said the facts contained in the affidavit were supplied to him by Asabe, the lawful wife of the detainee, on July 12.
He said Asabe told him that “since the detention of her husband by the ICPC, she has been personally responsible for providing him with food, clothing, medication, and other personal necessities required for his comfort, health, and well-being while in custody.”
He said that El-Rufai is the 1st defendant/applicant in charge number: FHC/KD/73C/2025, pending before the Federal High Court (FHC), Kaduna Judicial Division, in which the Federal Republic of Nigeria is the complainant.
He said on April 1, the FHC in Kaduna, presided over by Justice R. M. Aikawa, made an order directing the ICPC to allow the defendants to have access to their counsel and their personal physicians whenever they need to see them.
“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 in addition to the court order, El-Rufai, as a detainee, retains his fundamental rights under the Constitution and the Administration of Criminal Justice Act (ACJA), 2015, to humane treatment, including reasonable access to family members and the provision of food and medication from family.
Giving a background to the alleged denial of access, Shaba said before July 7, Asabe had been visiting her husband regularly and delivering meals and other items to him without obstruction.
He said this was in accordance with established visiting procedures of the ICPC and the applicant’s constitutional and statutory rights.
(NAN)
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