Former Kaduna State Governor Nasir El-Rufai has instituted a fresh N10 billion fundamental rights action against the Independent Corrupt Practices and Other Related Offences Commission (ICPC), challenging what he described as unlawful restrictions on visits by members of his family while he remains in detention.
The suit, filed at the Federal High Court in Abuja on August 13, 2026, names the ICPC, its chairman and the Attorney-General of the Federation as respondents. The case centres on allegations that El-Rufai’s wife, Aichatou Asabe, and his son, Abba El-Rufai, were prevented from visiting him despite the former governor’s need for family support and access to basic personal necessities.
Through his counsel, Ubong Akpan, El-Rufai is asking the court to affirm that constitutional protections remain applicable to him while in detention. He is particularly challenging what he described as the continued denial of reasonable access to his family and legal representatives.
El-Rufai challenges restrictions on family visits
In the application, the former governor alleged that ICPC officials prevented his wife and son from gaining access to him and, on July 7, physically restrained and intimidated them.
He described the alleged conduct as an unjustified interference with his family relationships and a violation of his fundamental rights.
El-Rufai is asking the court to declare that the continued denial of family access without lawful authority is unconstitutional, illegal and void.
He is also seeking an order compelling the ICPC to provide him with unhindered and reasonable access to members of his family and his counsel throughout the period of his detention, in accordance with previous judicial directives.
According to the former governor, the alleged restrictions have subjected him to humiliation, emotional trauma, anxiety and psychological distress.
Allegations over food, medication and personal necessities
The case also raises concerns about the practical implications of restricting family visits to a detainee.
In an affidavit filed in support of the application, El-Rufai’s Principal Secretary, Mohammed Shaba, stated that the former governor was being held at the ICPC office in Abuja.
Shaba said El-Rufai’s wife had regularly provided him with food, clothing, medication and other personal necessities required for his comfort, health and general well-being while in custody.
The affidavit therefore argues that restricting family access goes beyond limiting personal visits, potentially affecting the ability of relatives to provide items that may be important to a detainee’s welfare.
Reference to previous court order
The applicant also relied on an earlier order issued by Justice R.M. Aikawa of the Federal High Court in Kaduna.
According to Shaba, the order directed the ICPC to permit access to lawyers and personal doctors whenever necessary.
The affidavit argues that the earlier judicial intervention demonstrates that detention does not remove a person’s entitlement to basic legal and humanitarian safeguards.
It further maintains that detainees should not be held incommunicado and that conditions surrounding their detention remain subject to judicial oversight.
Constitutional rights at the centre of the case
El-Rufai contends that the alleged actions of the ICPC are inconsistent with constitutional protections, particularly provisions relating to dignity of the human person, privacy and the enforcement of fundamental rights.
He also cited the African Charter on Human and Peoples’ Rights in challenging what he described as arbitrary and unlawful conduct by the respondents.
The former governor is therefore asking the court to determine whether the restrictions placed on his family’s access to him can legally continue while he remains in custody.
N10 billion compensation claim
Beyond the declarations and orders sought, El-Rufai is demanding N10 billion in damages over the alleged violation of his fundamental rights.
The amount forms part of his legal claim arising from what he says has been an unlawful restriction on family contact and the resulting emotional and psychological consequences.
The fresh suit adds another legal dimension to the former governor’s ongoing dispute with the anti-corruption agency.
What the court will determine
At the heart of the case is the balance between the powers of an investigative agency and the constitutional rights of a person in detention.
While law enforcement agencies have statutory powers to investigate allegations and keep suspects in custody where legally permitted, detention does not automatically extinguish fundamental rights guaranteed by the Constitution.
The court will therefore be asked to determine whether the alleged restrictions on El-Rufai’s family visits were supported by lawful authority and whether they complied with previous court directives.
The outcome could also have wider implications for the treatment of detainees and the extent to which investigative agencies may regulate access to family members, lawyers and medical personnel during detention.
The allegations contained in the suit remain claims by El-Rufai and his representatives. The ICPC and other respondents will have the opportunity to respond to the allegations before the court.
The case is expected to draw attention to broader questions surrounding fundamental rights, detention procedures, judicial oversight and the treatment of high-profile suspects undergoing investigation in Nigeria.