The Independent Corrupt Practices and Other Related Offences Commission and the Attorney-General of the Federation have asked the Federal High Court in Abuja to dismiss a N1 billion fundamental rights suit filed by former Kaduna State Governor Nasir El-Rufai.
El-Rufai instituted the case against the ICPC, its Chairman, Musa Aliyu, SAN, and the AGF, alleging that his wife, Aichatou Asabe, and son, Abba El-Rufai, were prevented from visiting him while he was in the commission’s custody.
In the suit, filed on August 13, El-Rufai sought N1 billion in damages and nine other reliefs. He also asked the court to declare that his fundamental rights under Part IV of the 1999 Constitution remain applicable despite his detention.
However, in a joint counter-affidavit, the ICPC and its chairman argued that several claims contained in El-Rufai’s affidavit were false.
The commission said El-Rufai was being held pursuant to an order of the Federal High Court in Kaduna. It added that, in compliance with a court order permitting access to his personal physician, it facilitated a medical visit on July 7, during which his wife accompanied him.
According to the ICPC, reports received after the visit indicated that the medical meeting had allegedly been turned into a political gathering, prompting the commission to temporarily restrict non-essential visits while it reviewed its security procedures.
The commission also gave an account of an incident involving El-Rufai’s son, Abba, on July 7. It alleged that Abba attempted to enter the facility without authorisation after being asked to wait in the visitors’ area.
The ICPC further alleged that El-Rufai’s wife had previously gained access to its premises after official visiting hours on July 4 with the assistance of some officers. It said the officers involved were subjected to disciplinary action and that the incident contributed to the decision to temporarily suspend her access.
The commission maintained that other members of El-Rufai’s family continued to visit him after the July 7 incident, bringing food, medication and other necessary supplies. It attached its visitors’ log to the counter-affidavit as evidence.
The Attorney-General of the Federation, in a separate counter-affidavit filed on September 11, also asked the court to dismiss the case.
The AGF argued that the office was not responsible for arresting or detaining El-Rufai and did not control the ICPC’s detention facility. It also stated that the AGF was not involved in the events of July 7 and had never personally denied El-Rufai’s family access to him.
The Federal Government’s representative further argued that the court order relied upon by El-Rufai only directed the ICPC and its chairman to grant him access to his lawyer and personal physician. According to the AGF, the order did not specifically provide for access by his wife or other individuals.
The AGF maintained that the ICPC was empowered to establish security protocols within its facilities and argued that such measures were necessary to protect the detention facility.
Both respondents therefore urged the Federal High Court to dismiss El-Rufai’s suit.
