Former Kaduna State Governor, Nasir El-Rufai, has filed a fresh N10bn fundamental rights suit against the Independent Corrupt Practices and Other Related Offences Commission over the alleged denial of access to his wife and son while in custody.
El-Rufai filed the suit at the Federal High Court in Abuja on August 13, accusing the anti-corruption agency of preventing his wife, Aichatou Asabe, and his son, Abba El-Rufai, from visiting him.
The suit, marked FHC/ABJ/CS/1852/2026, also listed the Chairman of the ICPC and the Attorney-General of the Federation as the second and third defendants.
The former governor filed the action through his lawyer, Ubong Akpan.
El-Rufai is seeking nine reliefs from the court, including declarations that his fundamental rights under Part IV of the 1999 Constitution remain enforceable despite his detention by the anti-corruption agency.
He alleged that the repeated refusal of the ICPC to allow his wife and son access to him, particularly to provide food, medication and other personal necessities, was unlawful and violated his constitutional rights.
The former governor argued that the alleged action breached his rights under Sections 34 and 37 of the Constitution, which protect human dignity and privacy, as well as Articles 5 and 18 of the African Charter on Human and Peoples’ Rights.
He also alleged that ICPC officers physically restrained and intimidated his wife and son during an incident on July 7.
According to him, the incident amounted to an arbitrary interference with his relationship with his wife and son.
El-Rufai is therefore asking the court to declare that the continued denial of access to his family members without lawful authority was unconstitutional, illegal, null and void.
He is also seeking an order directing the respondents to grant him “unhindered and reasonable access” to his family members and lawyers throughout his detention, in line with an earlier order of the Federal High Court.
The former governor said the restriction had made it difficult for his wife and son to provide him with food, medication and other necessities.
He alleged that the situation had caused him humiliation, emotional trauma, anxiety and psychological distress.
According to him, the conduct of the respondents was arbitrary and inconsistent with Sections 34, 37 and 46 of the Constitution and the African Charter on Human and Peoples’ Rights.
He further argued that the alleged denial of family access constituted an unjustifiable interference with his dignity and family life.
In an affidavit filed in support of the suit, El-Rufai’s Principal Secretary, Mohammed Shaba, said the former governor was being detained at the ICPC office in Abuja.
Shaba said El-Rufai’s wife had been responsible for providing him with food, clothing, medication and other personal necessities needed for his comfort, health and well-being while in custody.
He explained that the former governor is the first defendant in charge number FHC/KD/73C/2025, a case pending before the Federal High Court in Kaduna.
The case was filed by the Federal Republic of Nigeria.
Shaba also referred to an order issued by Justice R.M. Aikawa of the Kaduna Division of the Federal High Court on April 1.
According to him, the judge directed the ICPC to allow the defendants access to their lawyers and personal physicians whenever they needed to see them.
He argued that the order showed that detainees should not be held incommunicado and that the ICPC remained subject to judicial oversight concerning the conditions under which suspects are detained.
“Clearly, this order reflects the settled principle of law that detainees are not to be held incommunicado and that the ICPC is subject to judicial oversight regarding the conditions of detention,” Shaba stated.
The affidavit further maintained that El-Rufai continued to enjoy fundamental rights guaranteed by the Constitution and the Administration of Criminal Justice Act despite his detention.
These rights, according to Shaba, include humane treatment and reasonable access to family members.
He said that before July 7, El-Rufai’s wife had regularly visited him at the ICPC office and delivered meals and other items to him without any obstruction.
The fresh legal action is the latest in a series of cases instituted by El-Rufai against the ICPC since the commission began investigating him.
The former governor has repeatedly challenged the manner in which the anti-corruption agency has handled matters involving him, particularly actions affecting his liberty and privacy.
In February, El-Rufai filed a separate N1bn fundamental rights suit against the ICPC over an alleged unlawful search of his Abuja residence.
The suit, marked FHC/ABJ/CS/345/2026, challenged the validity of a search warrant issued by a Chief Magistrate of the Federal Capital Territory Magistrates’ Court.
El-Rufai alleged that the warrant was used to raid his residence and argued that the search violated his fundamental rights to dignity, personal liberty, fair hearing and privacy.
Those rights are guaranteed under Sections 34, 35, 36 and 37 of the 1999 Constitution.
The N1bn suit was later amended, with the former governor dropping the magistrate who issued the search warrant as a defendant.
The latest case adds another legal battle to the wider investigation involving the former governor and the ICPC.
Fundamental rights enforcement suits are commonly used in Nigeria by individuals who allege that their constitutional rights have been violated by government agencies or other public authorities.
Under the Constitution, citizens retain fundamental rights even when they are facing criminal investigations or prosecution. However, some rights may be limited in accordance with the law, particularly where a person is lawfully arrested or detained.
The dispute in El-Rufai’s latest case is therefore likely to focus on whether the ICPC had lawful grounds to restrict access by his wife and son and whether such restrictions complied with existing court orders.
The former governor is asking the court to intervene and protect his rights while the criminal proceedings and investigations involving him continue.
The ICPC has yet to publicly respond to the allegations contained in the fresh suit.
The case is expected to put further focus on the treatment of detainees held by anti-corruption agencies and the extent to which such agencies can restrict family and legal access during investigations.
For El-Rufai, the latest suit represents another attempt to challenge the conditions of his detention and secure access to his family and counsel while the legal proceedings against him continue.