ICPC and AGF Ask Court to Dismiss El-Rufai's N1 Billion Lawsuit

The Independent Corrupt Practices and Other Related Offences Commission (ICPC) has asked the Federal High Court in Abuja to throw out the N1 billion rights enforcement suit filed by former Kaduna State Governor Nasir El-Rufai.

The Attorney-General of the Federation (AGF) also submitted a separate affidavit, urging the court to dismiss the suit. This case is with Judge Chigozie Onah. The AGF argued that the ICPC has the authority to set rules in its facilities to prevent security issues.

The News Agency of Nigeria (NAN) reports that El-Rufai filed the suit against the ICPC, its Chairman Musa Aliyu, a Senior Advocate of Nigeria (SAN), and the AGF.

El-Rufai’s suit, marked FHC/ABJ/CS/1852/2026, was filed by Ubong Akpan on 13 August. He is seeking N1 billion in damages because he was not allowed to see his wife, Aichatou Asabe, and son, Abba El-Rufai, in July this year.

In addition, El-Rufai is pursuing another N1 billion lawsuit at the Federal High Court in Abuja over what he calls an illegal search of his home by ICPC operatives in February.

El-Rufai has been in ICPC custody for over seven months since February. This detention follows a court order related to a corruption case against him in Kaduna.

He claims that his wife and son were denied access to him. El-Rufai is asking the court to rule that his human rights, as stated in Part IV of the Nigerian constitution, must be respected despite his detention. The suit includes nine requests.

In response, the ICPC filed a joint counter-affidavit signed by John Uche, a chief anti-corruption assistant. Uche called many claims in El-Rufai’s affidavit false.

He stated that El-Rufai is in lawful custody by a Federal High Court order in Kaduna. This order is from a criminal case marked FHC/KD/73C/2025.

On 7 July, Uche said the ICPC allowed a medical visit for El-Rufai’s doctor, accompanied by officers and his wife, Asabe. He said that after the visit, the ICPC learned that the medical appointment had turned into a political meeting, which violated security protocols.

Due to this, the ICPC decided to limit access to El-Rufai, as unrestricted access created a security risk. Uche mentioned that on the same day, El-Rufai’s son, Abba, asked to visit his father.

Uche wrote that he asked his boss, Henry Hwande, about Abba’s purpose for visiting. After receiving information that it was a regular visit, he told Abba to wait in the waiting area.

While Abba was waiting, Asabe came and started raising her voice, demanding access for Abba to see his father. Uche wrote, "My colleague, Miss Titilayo Remi, tried to speak to her to calm the situation, but she was uncooperative."

Uche said that later, Abba tried to enter the building, but he blocked him to prevent both him and Asabe from getting in. He mentioned that while trying to stop Abba, he fell into a ditch, and called for help.

His cries attracted security personnel who acted to prevent Abba’s unauthorized entry. Asabe, however, managed to get into the building and headed towards the detention area.

After being blocked, Abba lay in the gutter and rubbed his leg against the edge. Uche confirmed that the ICPC has CCTV cameras in strategic places for security and monitoring. He said the footage is accurate and unaltered.

After the security breach on 7 July, the ICPC decided to review its access rules. During this review, they found another security breach involving Asabe.

Uche said Asabe was allegedly sneaked into the ICPC premises on 4 July after official visiting hours with the help of some officers. These officers are now facing disciplinary action.

Due to Asabe’s repeated disregard for access rules, the ICPC decided to suspend her access to El-Rufai until a security review is complete. Uche mentioned that on 26 August, he was informed by Hwande about a meeting with Asia Ahmed El-Rufai, one of El-Rufai’s wives, concerning the access issue.

Uche said, "The Director of Operations explained that Asabe was temporarily suspended from visiting until the investigation was complete."

He also stated that other family members, including Abba, had been allowed to visit El-Rufai before but were restricted after the 7 July incident.

In his counter-affidavit, AGF’s administrative officer Oni Michael denied several of El-Rufai’s claims. Michael said the AGF is not responsible for arresting or detaining anyone, including El-Rufai.

He added that the AGF does not run a detention facility. Michael noted that the alleged rights infringement was not done by him or anyone under his control. He stated that the ICPC is allowed to put security measures in place.

Michael mentioned that the AGF was informed that the ICPC allowed El-Rufai to see his physician but the meeting turned political. He noted that the ICPC’s decision to limit access was necessary for security reasons.

Besides this lawsuit, El-Rufai has another N1 billion case against the ICPC and others over a search of his house in Abuja on 19 February.

On 21 September, Judge Joyce Abdulmalik postponed the case until 27 October for a definitive hearing. El-Rufai is facing two corruption cases in two different courts, with one court denying him bail and ordering him to remain in ICPC custody.