The Independent Corrupt Practices and Other Related Offences Commission (ICPC) and the Attorney-General of the Federation (AGF) 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 filed the suit over what he described as restrictions preventing his wife, Aichatou Asabe, and his son, Abba El-Rufai, from visiting him while he remains in ICPC custody.

The case, filed as FHC/ABJ/CS/1852/2026, has been assigned to Justice Chigozie Onah. El-Rufai is suing the ICPC, its Chairman Musa Aliyu, SAN, and the Attorney-General of the Federation as respondents.

ICPC says restrictions followed security breaches

In its response, the anti-corruption agency argued that the restrictions were introduced after a series of alleged breaches of security protocols at its detention facility.

According to a counter-affidavit filed by the ICPC and its chairman, El-Rufai is being held pursuant to an order of the Federal High Court in Kaduna in charge FHC/KD/73C/2025.

The commission said it had previously facilitated a visit to El-Rufai’s personal physician on July 7, with ICPC officers and his wife accompanying him.

However, it alleged that what was intended as a medical visit subsequently became a political meeting, prompting the commission to reassess its access arrangements.

The ICPC subsequently introduced what it described as a temporary access-control measure, restricting non-essential visits while it reviewed the security implications.

Son allegedly attempted to enter facility

The commission also gave an account of an incident involving El-Rufai’s son, Abba, on the same day.

According to the affidavit, Abba arrived at the ICPC office seeking to visit his father. An officer said he was instructed to establish the purpose of the visit and subsequently asked Abba to remain in the waiting area.

The commission alleged that tension later escalated when Abba attempted to proceed into the facility.

An ICPC officer, John Uche, claimed that while attempting to prevent unauthorised access, he fell into a ditch and called for assistance. Security personnel subsequently intervened, according to the affidavit.

The commission said CCTV cameras installed around its premises captured the incident and that the recordings had not been altered.

ICPC alleges earlier breach involving El-Rufai’s wife

The commission said its subsequent security review uncovered another incident involving Aichatou Asabe.

According to the affidavit, Asabe was allegedly brought into the ICPC premises after official visiting hours on July 4 with the assistance of some officers.

The commission said the officers involved were subjected to disciplinary proceedings and that the alleged incident contributed to its decision to temporarily suspend Asabe’s visiting access.

The ICPC further said that El-Rufai’s family had continued to receive access in other circumstances.

It cited its visitors’ log as evidence that other family members, including his son on subsequent occasions, had been allowed to visit and bring food, medication and other supplies.

AGF says it had no role in alleged denial of access

The Attorney-General of the Federation separately asked the court to dismiss the claim against him.

In its counter-affidavit, the AGF argued that the office does not arrest or detain suspects and does not operate the ICPC detention facility.

The government further maintained that the alleged violation of El-Rufai’s rights was not committed by the AGF and that he was not involved in the events of July 7.

The AGF also argued that the relevant court order directed the ICPC to allow El-Rufai access to his counsel and personal physician, but did not specifically require access for Asabe or other visitors.

The government therefore maintained that the ICPC was entitled to establish security procedures governing access to its detention facility.

Security protocol at centre of dispute

The respondents’ position is essentially that the restrictions were not imposed as punishment but as a temporary security measure following alleged breaches.

The AGF described security protocols at the facility as a matter of national security and supported the ICPC’s decision to review its CCTV footage following the July 7 incident.

The court will ultimately determine whether the restrictions imposed on El-Rufai’s family members amounted to a violation of his constitutional rights.

For now, the ICPC and AGF are asking the court to reject the former governor’s N1 billion claim.