Former Kaduna State Governor Nasir El-Rufai has filed a fresh N10 billion fundamental rights suit against the Independent Corrupt Practices and Other Related Offences Commission (ICPC) over alleged restrictions on visits by his family members while in custody.
The suit, filed before the Federal High Court in Abuja on August 13 through his lawyer, Ubong Akpan, seeks to enforce what El-Rufai described as his constitutional rights during his detention.
El-Rufai alleged that ICPC officials prevented his wife, Aichatou Asabe, and his son, Abba El-Rufai, from visiting him, despite their need to provide him with food, medication and other personal necessities.
The former governor joined the ICPC chairman and the Attorney-General of the Federation as defendants in the suit.
He is asking the court to declare that his fundamental rights remain protected while in detention and that the alleged denial of access to his family is unlawful and unconstitutional.
El-Rufai also accused ICPC officials of physically restraining and intimidating his wife and son during an incident on July 7, describing the alleged action as an unjustified interference with his family relationships.
He wants the court to declare that the respondents’ continued denial of family access without lawful authority is “unconstitutional, illegal, null and void.”
He is also seeking an order directing the ICPC to grant him “unhindered and reasonable access” to members of his family and his counsel throughout his detention, in line with an earlier order of the Federal High Court.
According to the former governor, the alleged restrictions have subjected him to humiliation, emotional trauma, anxiety and psychological distress.
He further accused the ICPC of acting arbitrarily and unlawfully, contrary to Sections 34, 37 and 46 of the Nigerian Constitution and provisions of the African Charter on Human and Peoples’ Rights.
In an affidavit supporting the suit, 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 needed for his comfort, health and wellbeing while in custody.
He also cited an earlier order issued by Justice R.M. Aikawa of the Federal High Court in Kaduna directing the ICPC to grant the defendants access to their lawyers and personal doctors whenever necessary.
According to Shaba, the order demonstrated that detainees should not be held incommunicado and that the ICPC remains subject to judicial oversight regarding the conditions of detention.
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