By Divine Sam.

The Federal High Court in Abuja has authorised the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to present selected CCTV footage in the ₦10 billion fundamental rights suit filed by former Kaduna State Governor Nasir El-Rufai.

However, Justice Chigozie Onah rejected El-Rufai’s request for the complete six-hour recording to be played in open court, ruling that both parties would be allowed 20 minutes each to present relevant portions of the footage.

The judge said the court could not be turned into a viewing centre, adding that there was insufficient time to watch the entire recording.

Justice Onah also agreed with the ICPC’s counsel, Yetunde Mosunmola, that publicly displaying the complete footage could expose sensitive security information about the commission’s premises.

The judge, however, stated that the full recording could be viewed in his chambers if necessary.

The court also rejected El-Rufai’s request to summon two ICPC officials for cross-examination over affidavits filed by the commission, explaining that fundamental rights cases are generally determined on the basis of affidavit evidence.

Justice Onah subsequently adjourned the matter until November 3 at 1pm for the hearing of the substantive applications.

The suit, marked FHC/ABJ/CS/1852/2026, was filed on August 13 by El-Rufai’s lawyer, Ubong Akpan, against the ICPC, its chairman, Musa Aliyu, and the Attorney-General of the Federation.

The former governor is seeking ₦10 billion in damages, alleging that the commission prevented his wife, Aichatou Asabe, and son, Abba El-Rufai, from visiting him while he was in custody.

He is also asking the court to declare that his fundamental rights under Part IV of the 1999 Constitution, as amended, remain protected despite his detention.

In its response, the ICPC and its chairman denied the allegations contained in El-Rufai’s supporting affidavit.

John Uche, a Chief Anti-Corruption Assistant in the commission’s Internal Security Support Unit, said El-Rufai was being held lawfully under an order issued by the Federal High Court in Kaduna in case number FHC/KD/73C/2025.

Uche stated that the commission facilitated a medical visit for El-Rufai on July 7 in compliance with a court order permitting access to his personal physician. He said ICPC officers accompanied the visit, which also involved El-Rufai’s wife.

According to the officer, the commission later received reports alleging that the hospital visit had turned into a political meeting in violation of its security procedures.

He said the development prompted the ICPC to impose temporary restrictions on visits while reviewing its security arrangements.

Uche also alleged that El-Rufai’s son, Abba, visited the commission’s premises on July 7 but was denied entry. He claimed that Abba subsequently lay in a gutter and repeatedly rubbed his leg against its edge.

The officer maintained that the commission’s CCTV system recorded activities within and around its premises and that the recordings had not been tampered with.

He further alleged that Asabe was brought into the ICPC premises through an unauthorised arrangement on July 4 at about 7:35pm, after official visiting hours. According to him, some commission officers were involved in the alleged arrangement and are facing disciplinary action.

The commission said it temporarily suspended Asabe’s visits because her alleged disregard for access procedures posed a security risk.

In an application filed on September 9, El-Rufai asked the court to compel the ICPC to produce the complete, unedited CCTV recordings covering June 7, July 4 and July 7.

He argued that the three clips submitted by the commission, titled “The Scuffle,” “The Son Being Taken Away” and “Unauthorised Entry,” did not establish that all relevant footage had been disclosed.

The former governor also requested visitor registers, entry and exit records, and other documents relating to visits by his wife and other family members from June 7 until the date of the court order.

Additionally, he sought permission to question Sadiq Baba, who certified the CCTV exhibit, and Uche, who deposed to the commission’s counter-affidavit.

El-Rufai wanted the officials to explain how the footage was selected, copied and certified, whether other recordings existed and why they had not been produced.

He also asked the court to direct that any footage presented by the commission be played in open court in the presence of both parties and their lawyers.

The former governor maintained that the missing recordings could help clarify the disputed accounts of the incidents.

“The omitted portion of July 7 at about 14:53 shows the applicant’s son being dragged, and his leg trapped in the gutter,” he said.

“The clip at about 14:54:55 shows the officer falling at a ditch. Those images contradict the account in the Counter Affidavit,” he added.

El-Rufai further argued that the June 7 recording would show that the ICPC invited his wife into its premises on the first night of his detention.

He said the July 4 footage was also necessary to examine the commission’s allegation that Asabe had been “smuggled” into the facility.

The former governor cited Section 36(3) of the Constitution, which provides for public court proceedings, and Section 167(d) of the Evidence Act, 2011, arguing that the court could draw an adverse inference if relevant evidence was withheld.

The ICPC opposed the application, insisting that public display of the complete recordings could compromise the security of its premises. It maintained that the judge could examine the full footage in chambers if necessary.

With the latest ruling, both parties are permitted to present selected portions of the CCTV recordings in open court, with 20 minutes allocated to each side, ahead of the next hearing scheduled for November 3.