Nasir El-Rufai, former governor of Kaduna State, has instituted a fresh N10 billion fundamental rights action against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) over alleged denial of access to his wife and son while in custody.
El-Rufai, in the suit filed before the Federal High Court in Abuja, alleged that the anti-corruption commission repeatedly prevented his wife, Aichatou Asabe, and his son, Abba El-Rufai, from visiting him at the ICPC detention facility.
The suit, marked FHC/ABJ/CS/1852/2026, was filed on August 13, 2026, through his counsel, Ubong Akpan.
The ICPC Chairman and the Attorney-General of the Federation were joined as the second and third defendants respectively.
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In the suit, the former governor is seeking nine reliefs, including declarations that his fundamental rights guaranteed under Part IV of the 1999 Constitution remain enforceable despite his detention by the commission.
El-Rufai is also asking the court to declare that the alleged repeated denial of access to his family members, particularly where such access was required to enable them provide him with food, medication and other necessities, amounted to a violation of his constitutional rights.
He specifically relied on Sections 34 and 37 of the Constitution, dealing with the right to dignity of the human person and privacy and family life, respectively, as well as Articles 5 and 18 of the African Charter on Human and Peoples’ Rights.
The former governor further alleged that officers of the ICPC physically restrained and intimidated his wife and son during an incident on July 7.
He described the alleged action as an arbitrary interference with his spousal and filial relationships, arguing that the commission had no lawful basis for restricting his access to members of his immediate family.
El-Rufai is asking the court to declare that the respondents’ continued denial of family access without lawful authority was unconstitutional, illegal, null and void.
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He is also seeking an order compelling the respondents to grant him “unhindered and reasonable access” to his family members and legal representatives throughout the period of his detention, in line with an earlier order of the Federal High Court.
According to the former governor, the restriction had gone beyond a mere limitation on visitation, as it allegedly prevented his wife and son from supplying him with essential items, including food, medication and other personal necessities.
He alleged that the situation had subjected him 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 former governor alleged.
He further contended that the alleged conduct of the ICPC constituted “an unjustifiable interference with the applicant’s dignity and family life” and was therefore unconstitutional.
In an affidavit filed in support of the suit, Mohammed Shaba, El-Rufai’s Principal Secretary, said the former governor was being detained at the ICPC office in Abuja.
Shaba said the facts contained in the affidavit were supplied to him by El-Rufai’s wife, Asabe, on July 12.
He stated that Asabe had personally taken responsibility for providing her husband with food, clothing, medication and other personal necessities required for his comfort, health and general well-being while in custody.
According to the affidavit, Asabe had regularly visited El-Rufai before July 7 and had been able to deliver meals and other essential items to him without obstruction.
Shaba alleged that the situation changed after the July 7 incident, when access by the former governor’s family members was allegedly restricted.
He argued that the restriction was particularly significant because El-Rufai remained in custody while facing criminal proceedings and was entitled to retain the constitutional protections available to detainees and accused persons.
The affidavit also referred to an existing criminal case against El-Rufai, identified as FHC/KD/73C/2025, pending before the Federal High Court in Kaduna, in which the Federal Republic of Nigeria is the complainant.
Shaba recalled that Justice R.M. Aikawa of the Kaduna Division had, on April 1, ordered the ICPC to allow the defendants access to their counsel and personal physicians whenever they required their services.
He argued that the order underscored the principle that persons in detention should not be held incommunicado and that the conditions of their detention remained subject to judicial oversight.
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“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,” Shaba stated in the affidavit.
He further maintained that El-Rufai continued to enjoy his fundamental rights under the Constitution and the Administration of Criminal Justice Act, including the right to humane treatment and reasonable access to members of his family.
The latest action therefore seeks not only monetary compensation but also specific judicial orders compelling the ICPC to restore family and legal access to the former governor while his detention continues.
The N10 billion action is the latest in a series of lawsuits filed by El-Rufai against the ICPC since the commission commenced investigations involving the former governor.
In February 2026, El-Rufai instituted a separate N1 billion fundamental rights suit against the anti-corruption agency over an alleged unlawful search of his Abuja residence.
Read also: Court adjourns El-Rufai’s trial to July 22 as defence seeks fresh recusal motion
The suit, marked FHC/ABJ/CS/345/2026, challenged the validity of a search warrant issued by a Chief Magistrate of the Federal Capital Territory Magistrates’ Court.
El-Rufai had alleged that the warrant was used by the authorities to raid his residence, arguing that the search violated his constitutional rights to dignity, personal liberty, fair hearing and privacy.
Those rights are protected under Sections 34, 35, 36 and 37 of the 1999 Constitution.
The N1 billion suit was subsequently amended, with the former governor removing the magistrate who issued the warrant from the list of defendants.
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