THE Federal High Court in Abuja has fixed December 8 for judgment in a N10 billion rights suit filed by former Kaduna State Governor Nasir El-Rufai against the Independent Corrupt Practices and Other Related Offences Commission (ICPC).
The News Agency of Nigeria (NAN) reports that El-Rufai also joined the ICPC Chairman, Musa Aliyu, a senior advocate, the Attorney-General of the Federation (AGF), Lateef Fagbemi, also a senior advocate, in the suit.
He alleged that they prevented him from having access to his wife, Aichatou Asabe; and son, Abba while in custody.
The judge handling the case, Chigozie Onah, fixed the date after the former govenor’s counsel, Ubong Akpan; the ICPC’s lawyer, Yetunde Mosunmola, and Maimuna Lami-Shiru, who appeared for the AGF, adopted their processes and presented their arguments for and against the case.
Earlier, when the case was called, the judge ordered that the footage of the closed-circuit television (CCTV) cameras at the ICPC’s office be played for 20 minutes each by parties to prove their arguments.
The commission, led by its lawyer, demonstrated some parts of the video clip in the open court.
Parts of the footage played include the incident of July 7 where Asabe, escorted by an officer, came to deliver food to the ex-governor at about 2:37pm.
Mosunmola urged the court to disregard El-Rufai’s claim.
On his part, Akpan, who asked that some parts of the footage of the CCTV earlier demonstrated be replayed, argued that neither Abba (El-Rufai’s son) nor Asabe had breached any security protocol from the video evidence to warrant their denial.
After the video recording was played, the parties adopted their processes.
Adopting his court documents, Akpan said their originating process was dated and filed on August 13.
He said it was supported by an originating motion, an affidavit and an exhibit attached to the eight-paragraph affidavit with a written address.
The lawyer said four additional affidavits were filed in support of their arguments, urging the court to grant all their reliefs.
Akpan, who raised a sole question for determination, prayed the court to determine whether the respondents had been able to place any material fact before the court to prove their decision to bar El-Rufai’s wife access.
He argued that if there must be a denial of access to the detained ex-govenor, there must be justification which must be verifiable.
“I, therefore, submit that none of the materials before my lord shows a verifiability and justification,” he said.
He said for the purpose of the case, the denial of access of his relatives would constitute a breach of the law, including the Nelson Mandela Rules.
When the judge asked him if Mandela Rules are enforceable in Nigeria, Akpan responded that it is a standard in which all law enforcement agencies in the world operate.
Mosunmola, however, disagreed with Akpan’s submissions.
She said on behalf of the ICPC and its chairman, they filed three processes in opposing the suit.
She said a 27-paragraph counter affidavit with four exhibits and a written address were filed on August 31.
The lawyer said a further counter affidavit was also filed on September 28, among others.
Mosunmola said they relied on all the paragraphs of the counter affidavits, including the exhibits, in urging the court to dismiss the suit in its entirety.
The lawyer, who stated that El-Rufai was in a lawful custody, submitted that access to him must be guided by security protocol within the facility.
She argued that it was glaring from the CCTV footage demonstrated in court that Asabe (El-Rufai’s wife) breached the security protocol on two occasions.
She maintained that irrespective of how close a relative is to a person in custody, such person cannot be given an unrestricted access to the facility where there are rules that guide custodial access.
“Access is regulated by rules for security reasons my lord,” she added.
She said following Asabe’s alleged security breach, the anti-corruption commission reviewed its security setup.
Mosunmola, who asked if the measures adopted in restricting Asabe was really necessary, answered that the records showed that it was only Asabe that was not allowed access due to her conduct which had been demonstrated in the footage before the court.
She stated that Asabe was smuggled into the premises with the connivance of their officers on duty on July 4.
She said the officers were subjected to disciplinary action and one of them had been dismissed.
“My lord will see that the other wife and other members of his family were allowed in from the footage displayed,” she said.
Mosunmola, therefore, urged the court to hold that El-Rufai’s rights had not been unlawfully interfered with.
In her submission, the Director of Civil Litigation and Public Law, Lami-Shiru, said the AGF, in his opposition to the suit, filed a seven-paragraph affidavit on September 11.
She said they equally filed a written address and a reply on points of law, urging the court to dismiss the suit.
The director submitted that their argument was predicated on the facts that the ICPC and its chairman acted within the confines of the law and that El-Rufai’s wife actually breached the commission’s protocol.
After listening to the parties, the judge adjourned the matter until December 8 for judgment.
NAN reports that the detained former governor had instituted the suit against the ICPC, its Chairman, Aliyu, and the AGF as 1st to 3rd respondents respectively.
El-Rufai, in the originating motion, marked: FHC/ABJ/CS/1852/2026 and filed by Akpan on August 13, sought a N10 billion in damages for allegedly preventing him from having access to his wife, Asabe; and son, Abba, while in custody.
The former governor, who alleged that his wife and son were denied to see him, sought nine reliefs.
He prayed the court to declare that his fundamental human rights guaranteed under Part IV of the 1999 Constitution (as amended} remain inviolable and in force notwithstanding his detention by the commission and should be honoured.
