Court Fixes Dec 8 For Judgment in El-Rufai N10 Billion Suit Against ICPC
The Federal High Court in Abuja has scheduled December 8 to deliver judgment in the ₦10 billion fundamental rights enforcement suit filed by former Kaduna State Governor, Nasir el-Rufai, against the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
Justice Chigozie Onah fixed the date on Wednesday after lawyers representing the parties adopted their respective court processes and presented their final arguments.
The suit, marked FHC/ABJ/CS/1852/2026, was filed on August 13 following allegations by el-Rufai that the ICPC repeatedly denied his wife, Aichatou Asabe, and son, Abba el-Rufai, access to him while he was in detention. He also alleged that they were prevented from bringing him food, medication and other essential supplies.
The former governor argued that the alleged restrictions violated his constitutional rights to dignity and private and family life, as provided under Sections 34 and 37 of the 1999 Constitution, as amended, and Articles 5 and 18 of the African Charter on Human and Peoples’ Rights.
El-Rufai is seeking nine reliefs from the court, including a declaration that his fundamental rights under Part IV of the Constitution remain enforceable despite his detention.
He listed the ICPC Chairman, Musa Aliyu, and the Attorney-General of the Federation and Minister of Justice, Lateef Fagbemi, SAN, as the second and third respondents in the suit.
During Wednesday’s proceedings, Justice Onah directed that CCTV recordings from cameras installed at the ICPC headquarters be played in court as part of the evidence.
One of the recordings showed an incident on July 7, when Asabe reportedly arrived at the commission’s premises at about 2:37 p.m., accompanied by an officer, to deliver food to her husband.
The court also watched footage relating to an earlier incident that occurred on July 4.
Counsel to el-Rufai, Ubong Akpan, argued that the recordings failed to establish that either his client’s wife or son violated any security regulations that could justify denying them access to the detained former governor.
Following the playback, lawyers representing both sides adopted their respective processes and presented their arguments.
Akpan urged the court to examine whether the respondents had provided sufficient evidence to justify the decision to prevent Asabe from visiting her husband.
He maintained that any restriction on a detainee’s access to family members must be backed by clear and verifiable reasons.
The lawyer further argued that the alleged denial of access violated established legal standards, including the United Nations Standard Minimum Rules for the Treatment of Prisoners, popularly known as the Nelson Mandela Rules.
When Justice Onah questioned whether the Mandela Rules were directly enforceable in Nigeria, Akpan explained that they represented internationally recognised standards guiding the conduct of law enforcement agencies.
However, ICPC counsel, Yetunde Mosunmola, asked the court to dismiss the suit, insisting that the commission acted within its security procedures.
Mosunmola argued that the CCTV recordings showed that Asabe breached the commission’s security protocols on two separate occasions.
She specifically alleged that Asabe was smuggled into the ICPC premises on July 4 with the assistance of some officers on duty.
According to the lawyer, disciplinary measures were taken against the officers involved, with one of them subsequently dismissed.
The commission maintained that its decision to restrict access to el-Rufai was driven by security concerns and not an attempt to infringe on his fundamental rights.
After listening to the arguments and reviewing the CCTV evidence, Justice Onah adjourned the matter until December 8 for judgment.
