The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has asked the Federal High Court, Abuja Division, to dismiss a N1 billion rights suit filed by former Governor Nasir El-Rufai over alleged refusal to allow him access to his family members.

Lateef Fagbemi, the attorney-general of the federation, also, in a separate counter-affidavit, urged that the suit, which has been assigned to Justice Chigozie Onah, be dismissed, arguing that the ICPC is empowered to put in place protocols within its facilities to prevent breach of security.

The detained ex-governor instituted the suit against the ICPC, its chairman, Musa Aliyu, and the AGF as first, second, and third respondents, respectively.

Mr El-Rufai, in the originating motion marked FHC/ABJ/CS/1852/2026 and filed by Ubong Akpan on August 13, sought N1 billion in damages for allegedly preventing him from having access to his wife, Aichatou Asabe, and son, Abba El-Rufai, while in custody.

The former governor, who alleged that his wife and son were denied seeing him, sought nine reliefs. He urged 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.

In a joint counter affidavit 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 Mr El-Rufai’s affidavit in support of his suit were false.

Mr Uche averred that ICPC had Mr El-Rufai in lawful custody by order of the Federal High Court (FHC), Kaduna Division, in charge number FHC/KD/73C/2025. He said on July 7, in compliance with the order of the Kaduna FHC, permitting access to Mr El-Rufai’s personal physician, the commission facilitated a medical visit to his personal physician, accompanied by their officers and his wife, Ms Asabe.

He said shortly after the hospital visit, the ICPC received reports 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 said that following this development, the commission adopted a temporary access-control measure, restricting non-essential access to the ex-governor because unrestricted access posed a continuing risk until the vulnerability was understood and adequately mitigated.

The officer said that on July 7, as this was happening, Mr El-Rufai’s son, Mr Abba, came to their office requesting to visit his father and approached him (Mr Uche) at his desk.

“I then contacted my superior, Mr Henry Hwande, who instructed that I find out the purpose of his visit,” Mr Uche said.

He said he made the enquiry and was told it was a regular visit, and that the information was relayed to his superior, who instructed that Mr Abba should wait in the commission’s waiting area. He said that while Mr El-Rufai’s son was waiting, Ms Asabe met Mr Abba and, after conversing with him, began raising her voice and demanding that Abba be granted access to his father.

“My colleague, Miss Titilayo Remi, tried to speak and reason with her to de-escalate the situation, but she was uncooperative,” he said.

Mr Uche said that several minutes later, Mr Abba attempted to enter the commission’s building, but he quickly stood in his way to prevent both him and Ms Asabe from gaining access.

“That while being focused on preventing him from gaining access, I fell into a ditch where my leg was trapped, and I called out for help, at which point the applicant’s son and Aichatou Asabe continued to make their way towards the building’s entrance, as captured by the CCTV footage.

“That my cry for help attracted the security personnel, who then swung into action to prevent the unauthorised entry of the applicant’s son while Aichatou Asabe gained access to the building and headed for the detention area. That after he was prevented from gaining entry into the building, the applicant’s son lay in the gutter and repeatedly rubbed his leg against the edge of the gutter.

“That the first respondent has closed-circuit television (CCTV) cameras installed at various strategic locations within and around its office premises for security and monitoring purposes, which cameras record activities and events occurring within their respective fields of view,” he said.

He said that the contents of the storage system, including the CCTV recordings, remained accurate and were not altered or tampered with during the material period.

Mr Uche said that following a second security breach on July 7, the ICPC determined that its existing access arrangements were no longer adequate, warranting an urgent review. The officer said that during the review, the commission uncovered another security breach involving Ms Asabe. He said Ms Asabe was allegedly smuggled into the ICPC’s premises on Saturday, July 4, at about 7:35 p.m., after official visiting hours, with the connivance of some officers of the commission, who are currently facing disciplinary action.

He said that based on Ms Asabe’s repeated disregard for access control protocols, the commission determined that her continued access posed a specific security risk.

“On July 8, Asia Ahmed El-Rufai, one of the applicant’s wives, wrote requesting an audience with the director of operations following the incident of 7th July, 2026. Further to the letter, the director of operations, alongside Mr Henry Hwande, met with Asia Ahmed El-Rufai and a counsel by name, Mr Aremu, at the director of operations’ office on July 9.

“One of the issues discussed at the meeting was the denial of access to Aichatou Asabe, to which the director of operations responded that there was an ongoing investigation and Aichatou Asabe was temporarily suspended from accessing the 1st respondent’s premises until the same was completed. The first respondent, having earlier responded to the issue of Aichatou Asabe’s temporary denial of access, did not see the need to respond to the letter of 16th July, 2026, as nothing new had come up,” he said.

He said, contrary to Mr El-Rufai’s claim, other members of his family, including his son, who was refused entry on July 7, had severally been granted access to visit him, bringing meals, medication and other necessary supplies after the July 7 incident.

Mr Uche, who attached a copy of the commission’s visitors log as “Exhibit ICPC D,” to prove their case, said it would be in the interest of justice to dismiss the detained ex-governor’s claim against the first & second respondents.

In its counter affidavit filed on September 11, and deposed to by Oni Michael, an Administrative Officer in the Civil Litigation and Public Law Department of the Federal Ministry of Justice, the AGF denied some of the averments in Mr El-Rufai’s affidavit. Mr Michael stated that the AGF, listed as the third respondent, is not saddled with the responsibility of arresting and/or detaining any person suspected of committing any crime whatsoever, including Mr El-Rufai, and that he does not maintain a detention facility.

The admin officer further stated that the AGF was not part of the alleged events of July 7 and at no time did he deny Mr El-Rufai’s family members access to him. According to Mr Michael, the order of Justice R.M. Aikawa solely directed the first and second respondents to allow the applicant access to his counsel and personal physician.

“That the attached order did not include access to Aichatou Asabe or any other person. That the 1st and 2nd respondents are empowered to put in place protocols within their facilities to prevent breach of security,” he said.

The officer submitted that maintenance of serious security protocols at the ICPC’s detention facility is a matter of national security.

Mr Michael said he was informed by Mosunmola Yetunde, lawyer to ICPC, of the following facts, which he verily believed to be true: that the commission, in compliance with court order, allowed Mr El-Rufai access to his personal physician accompanied by ICPC’s officers and Ms Asabe, his wife.

Mr Michael, however, corroborated that during the review, it was discovered that an earlier security breach involving Ms Asabe had occurred. He said this happened in connivance with an ex-officer of the commission, wherein Ms Asabe was smuggled into the commission’s facilities after official visiting hours.

(NAN)