El-Rufai files fresh N10bn suit against ICPC over family access

Nasir El-Rufai, the former Governor of Kaduna State, has initiated a fresh N10 billion fundamental rights lawsuit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC). The suit, filed at the Federal High Court in Abuja, centers on allegations that the ICPC has denied him access to his wife and son while he is in custody.

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The respondents’ continued denial of family access without lawful authority is unconstitutional, illegal, null and void.

El-Rufai, through his legal counsel, argues that the repeated refusal to allow his family members to visit him, particularly to provide essential items like food and medication, constitutes a violation of his fundamental rights. He cites Sections 34 and 37 of the Nigerian Constitution and Articles 5 and 18 of the African Charter on Human and Peoples’ Rights, which protect dignity and family life. The former governor also alleges that ICPC officers physically intimidated his wife and son during an attempted visit, describing this as an arbitrary interference with his spousal and filial relationships.

The lawsuit seeks nine distinct reliefs from the court. Key among these are declarations that his fundamental rights remain enforceable despite his detention and that the ICPC's continued denial of family access is unconstitutional, illegal, null, and void. El-Rufai is also requesting a court order compelling the respondents to grant him unhindered and reasonable access to his family and legal counsel throughout his detention period, as previously directed by the Federal High Court.

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This action has subjected the applicant to humiliation, emotional trauma, anxiety and psychological distress.

According to an affidavit filed in support of the suit, El-Rufai's Principal Secretary stated that the former governor is being detained at the ICPC office in Abuja. The affidavit further detailed that El-Rufai's wife, Aichatou Asabe, had been responsible for providing him with necessities. El-Rufai contends that the alleged denial of access has subjected him to humiliation, emotional trauma, anxiety, and psychological distress, actions he claims are unlawful and inconsistent with constitutional provisions and the African Charter.

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The respondents’ conduct amounts to an unjustifiable interference with the applicant’s dignity and family life and is therefore unconstitutional.