The Federal High Court in Abuja has scheduled judgment for Dec. 8 in the N10 billion rights suit filed by former Kaduna State Governor Nasir El-Rufai against the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
NAN reports that El-Rufai also named the ICPC Chairman, Musa Aliyu, SAN, and the Attorney-General of the Federation (AGF) as parties to the suit.
He alleged that they denied him access to his wife, Mrs Aichatou Asabe, and son, Abba, while he was in custody.
Justice Chigozie Onah set the date after counsel for the former governor, Ubong Akpan, the ICPC’s lawyer, Yetunde Mosunmola, and Maimuna Lami-Shiru for the AGF adopted their processes and presented arguments.
Earlier, when the case was called, the judge directed each party to play 20 minutes of CCTV footage from the ICPC’s office to support their arguments.
The commission, through its lawyer, presented portions of the video clip in open court.
The footage included the July 7 incident, where Asabe, escorted by an officer, delivered food to the ex-governor at about 2:37 pm, as well as incidents involving Abba and the events of July 4.
Mosunmola urged the court to dismiss El-Rufai’s claim.
Akpan requested that certain portions of the CCTV footage be replayed and argued that, based on the video evidence, neither Abba nor Asabe breached any security protocol to justify their denial of access.
After the video was played, the parties adopted their processes.
Akpan, while adopting his court documents, stated that their originating process was dated and filed on Aug. 13.
He explained that it was supported by an originating motion, an affidavit, an exhibit attached to the eight-paragraph affidavit, and a written. He added that four additional affidavits supported their arguments and urged the court to grant all requested reliefs.r reliefs.
Akpan raised a single question for determination, asking the court to decide whether the respondents presented any material facts to justify barring El-Rufai’s wife from accHe argued that any denial of access to the detained ex-governor must be supported by verifiable justification.ation.
“I, therefore, submit that none of the materia“I therefore submit that none of the materials before my lord demonstrates verifiability or justification,” he said his relatives would breach the law, including the Nelson Mandela Rules.
When asked whether the Mandela Rules are enforceable in Nigeria, Akpan responded that they serve as a standard for law enforcement agencies worldwide.
Mosunmola, however, disagreed with Akpan’s arguments.
She said on behalf of the ICPC and itsShe stated that, on behalf of the ICPC and its chairman, they filed three processes opposing the suit: a counter affidavit with four exhibits and a written address on Aug. 31.
She added that they filed a further counter affidavit on Sept. 28, among other documents.
Mosunmola said they relied on all paragraphs of the counter affidavits and exhibits to urge the court to dismiss the suit entirely.
She stated that El-Rufai was in lawful custody and that access to him must comply with the facility’s security protocol.
She argued that the CCTV footage presented in court clearly showed that Asabe breached security protocol on two occasions.
She maintained that, regardless of the relationship, no individual can be granted unrestricted access to a facility governed by custodial rules.
“Access is regulated by rules for security reasons, my lord,” she added.
She stated that, following Asabe’s alleged security breach, the commission reviewed its security protocols.
Mosunmola addressed whether the measures restricting Asabe were necessary, saying records showed only Asabe was denied access because of her conduct, as shown in the footage.
She stated that Asabe was smuggled into the premises on July 4 with the assistance of officers on duty.
She added that the officers involved faced disciplinary action, with one being dismissed.
“My lord will see from the footage that the other wife and family members were allowed access,” she said.
Mosunmola therefore urged the court to find that El-Rufai’s rights were not unlawfully interfered with. Lami-Shiru, Director of Civil Litigation and Public Law, stated that the AGF filed a seven-paragraph affidavit opposing the suit on Sept 11.
She added that they also filed a written address and a reply on points of law, urging the court to dismiss the suit.
She submitted that their argument was based on the ICPC and its chairman acting within the law, and that El-Rufai’s wife breached the commission’s protocol.
After hearing the parties, Justice Onah adjourned the matter to Dec. 8 for judgment.
NAN reports that the detained governor instituted the suit against the ICPC, its Chairman Aliyu, and the AGF as the 1st to 3rd respondents, respectively.
In the originating motion, marked FHC/ABJ/CS/1852/2026 and filed by Akpan on Aug. 13, El-Rufai sought N10 billion in damages for allegedly being denied access to his wife, Asabe, and son, Abba, while in custody.
The former governor, alleging that his wife and son were denied access to see him, sought nine reliefs.
He prayed the court to declare that his fundamental human rights under Part IV of the 1999 Constitution (as amended) remain inviolable and enforceable, regardless of his detention by the commission. Filed by the ICPC and its chairman, deposed to by John Uche, a Chief Anti-Corruption Assistant in the Internal Security Support Unit, they said many paragraphs in El-Rufai’s affidavit in support of his suit were false.
Uche stated that the applicant, El-Rufai, was in the commission’s lawful custody by order of the Federal High Court, Kaduna Judicial Division, in charge number FHC/KD/73C/2025.
He stated that on July 7, in compliance with the Kaduna FHC order, the commission facilitated a medical visit to El-Rufai’s personal physician, accompanied by its officers and his wife, Asabe. Shortly after the hospital visit, the ICPC received a report that the medical visit turned into a political meeting in breach of its security protocol, showing that the existing access-control environment was vulnerable.
He explained that, in response, the commission adopted temporary access-control measures, restricting non-essential access to the ex-governor until it addressed the vulnerability.
He stated that on July 7, El-Rufai’s son, Abba, visited the office to request access to his father and approached Uche at his desk.
He said that after being denied entry, Abba lay in the gutter and repeatedly rubbed his leg against its edge.
Uche said the commission has CCTV cameras installed at various strategic locations within and around its office premises for security and monitoring purposes, which record activities and events within their respective fieHe confirmed that the storage system contents, including CCTV recordings, remained accurate and were not altered or tampered with during the relevant period. terial period.
He stated that after a second security breach on July 7, the ICPC determined its access arrangements were inadequate and required urgent review.
He said that during the review, the commission discovered another security breach involving Asabe.
He said Asabe was allegedly smuggled into the ICPC’s premises on July 4 at about 7:35 pm, after official visiting hours, with the help of some commission officers who are now facing disciplinary action.
He said that because of Asabe’s repeated disregard for access control protocols, the commission determined her continued access posed a specific security risk.
