ICPC, AGF Ask Court To Dismiss El-Rufai’s N1bn Rights Suit

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Attorney-General of the Federation (AGF) have urged the Federal High Court in Abuja to dismiss former Kaduna State Governor Nasir El-Rufai’s N1 billion fundamental rights suit.

El-Rufai had sued the ICPC, its Chairman, Musa Aliyu (SAN), and the AGF, alleging that his wife, Aichatou Asabe, and son, Abba El-Rufai, were denied access to him while he was in the commission’s custody.

But in its counter-affidavit, the ICPC rejected the allegations, saying the former governor is being lawfully detained pursuant to an order of the Federal High Court in Kaduna.

The commission argued that restrictions placed on visits to El-Rufai were temporary security measures introduced after alleged breaches of its detention protocols.

According to the ICPC, it complied with a court directive allowing El-Rufai to receive a visit from his personal physician, accompanied by ICPC officials and his wife.

It, however, alleged that the medical visit was turned into a political meeting, prompting the commission to review its security arrangements.

The ICPC further alleged that El-Rufai’s son attempted to gain access to the facility on July 7, while his wife allegedly forced her way into the premises after disregarding access protocols.

The commission said the incident was captured on its CCTV system.

It also claimed that an earlier security breach had occurred when Asabe was allegedly brought into the detention facility secretly after official visiting hours with the assistance of an officer who has since been dismissed.

The ICPC said the temporary suspension of Asabe’s visiting rights was therefore based on security concerns and not an attempt to infringe on El-Rufai’s fundamental rights.

It added that other members of the former governor’s family continued to visit him after the July 7 incident and brought food, medication and other necessities, contradicting his claim that his family had been completely denied access.

The AGF, in a separate counter-affidavit, also urged the court to dismiss the suit, arguing that he neither arrested nor detained El-Rufai and has no control over the ICPC detention facility.

The AGF further argued that the court order obtained by El-Rufai only authorised access to his lawyer and personal physician and did not grant unrestricted access to family members.

He maintained that the ICPC has the legal authority to enforce security protocols within its detention facilities, describing such measures as necessary for the protection of national security.

Both respondents urged the court to dismiss El-Rufai’s suit, insisting that his allegations lack merit.