Court grants ICPC’s prayer to play CCTV footage in El-Rufai’s N10bn suit

THE Federal High Court in Abuja on Thursday granted an application by the Independent Corrupt Practices and other related offences Commission (ICPC) to play part of the Closed-Circuit Television (CCTV) footage in its facility in the N10 billion suit against former Governor Nasir El-Rufai of Kaduna State.

Justice Chigozie Onah, in a ruling on separate motions filed by the ICPC and El-Rufai, declined the ex-governor’s prayers to have the over six-hour video recording played in full in open court.

Justice Onah, who granted the duo 20 minutes each to have any part of the footage played in open court, said the court cannot be turned into a viewing centre.

The judge said the court does not have the luxury of time to watch a full footage that spans over six hours.

He also agreed with the arguments of the ICPC’s counsel, Yetunde Mosunmola, that the video contained some sensitive information that might expose the commission’s facility to a security breach if the full clip is played in open court.

He further agreed that if such video must be played in full, it has to be in the judge’s chamber.

Justice Onah refused El-Rufai’s prayer seeking an order for the two ICPC officials, who deposed to the affidavits in the commission’s processes, to be produced in court for cross-examination.

The judge, who observed that fundamental rights enforcement procedures are sui generis, said the relief cannot be granted on the grounds that fundamental rights cases are determined by affidavit evidence.

He also refused to grant other reliefs sought by the former governor in his application.

He then adjourned the matter until November 3 at 1pm for definite hearing of the substantive applications.

The News Agency of Nigeria (NAN) reports that the former governor had instituted the suit against the ICPC; its chairman, Musa Aliyu, SAN, and the Attorney-General of the Federation (AGF) as 1st to 3rd respondents respectively.

El-Rufai, in the originating motion marked: FHC/ABJ/CS/1852/2026 and filed by Ubong Akpan on August 13, sought a N10 billion in damages for allegedly preventing him from having access to his wife, Mrs Aichatou Asabe; and son, Abba El-Rufai, while in custody.

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The former governor, who alleged that his wife and son were denied access to 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.

However, responding in a joint counter affidavit filed by the ICPC and its chairman but deposed to by John Uche, a Chief Anti-Corruption Assistant in the Internal Security Support Unit, they said that many paragraphs in El-Rufai’s affidavit in support of his suit were false.

Uche averred that the applicant (El-Rufai) was in the lawful custody of the commission by order of the Federal High Court (FHC), Kaduna Judicial Division in charge number: FHC/KD/73C/2025.

He said on July 7, in compliance with the order of the Kaduna FHC, permitting access to El-Rufai’s personal physician, the commission facilitated a medical visit to his personal physician accompanied by their officers and his wife, Asabe.

He said shortly after the hospital visit, the ICPC received reports that the said medical visit was turned into a political meeting in breach of its security protocol demonstrating that the existing access control environment was vulnerable.

He said against this development, the commission adopted a temporary access control measure temporarily restricting non-essential access to the ex-governor because unrestricted access presented a continuing risk until the vulnerability was understood and adequately mitigated.

Uche said that following a second security breach on July, the ICPC determined that its existing access arrangements were no longer adequate warranting an urgent review.

The officer said during the course of the review, the commission uncovered another security breach involving Asabe.

He said that Asabe was allegedly smuggled into the ICPC’s premises on Saturday, July 4 at about 7:35pm after official visiting hours with the connivance of some officers of the commission, who are currently facing disciplinary action.

He said that based on Asabe’s repeated disregard for access control protocols, the commission determined that her continued access posed a specific security risk.

According to the officer, as such, her visiting access to the applicant was temporarily suspended pending completion of the security review and implementation of appropriate mitigation measures.

Against El-Rufai’s allegations, ICPC and its chairman filed a motion on notice on Aug. 3, seeking two reliefs.

They sought an order permitting them to demonstrate or play before the court the contents of Exhibit ICPC B, being the CCTV footage contained in the USB storage device, “annexed to their counter-affidavit, particularly the portions identified in the schedule hereto, for the purposes of enabling the court properly appreciate and determine the facts in issue.”