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COURT GRANTS ICPC, EL-RUFAI 20 MINUTES EACH TO PRESENT CCTV EVIDENCE IN ₦10BN FUNDAMENTAL RIGHTS SUIT


Legal Diary News | 23 October 2026

The Federal High Court sitting in Abuja has granted the Independent Corrupt Practices and Other Related Offences Commission (ICPC) and former Kaduna State Governor, Nasir El-Rufai, permission to present selected closed-circuit television (CCTV) recordings in the ongoing ₦10 billion fundamental rights enforcement suit instituted by the former governor.

Delivering the ruling on Thursday, 22 October 2026, Justice Chigozie Onah rejected El-Rufai's application to have the entire CCTV footage, lasting over six hours, played in open court. Instead, the court allocated 20 minutes to each party to present relevant portions of the recordings.

The judge observed that the court could not be turned into a viewing centre, stressing the need for efficient management of judicial proceedings.

Justice Onah also upheld concerns raised by the ICPC that playing the complete recordings publicly could expose sensitive security arrangements at the commission's facility. The court indicated that any necessary viewing of the full footage should take place in the judge's chambers.

The dispute arose from a fundamental rights suit filed by El-Rufai against the ICPC, its Chairman, Musa Aliyu, SAN, and the Attorney-General of the Federation.

In the suit, marked FHC/ABJ/CS/1852/2026, the former governor is seeking ₦10 billion in damages over allegations that the commission unlawfully restricted access to his wife, Aichatou Asabe, and son, Abba El-Rufai, while he was in detention.

El-Rufai contends that his constitutional rights remain enforceable notwithstanding his detention and that the restrictions imposed by the commission violated those rights.

The ICPC, however, maintains that the restrictions were necessary following alleged security breaches at its facility. The commission presented CCTV recordings to support its account of the disputed incidents.

In a separate ruling, Justice Onah dismissed El-Rufai's application seeking to compel two ICPC officials who deposed to affidavits to appear for cross-examination.

The court held that fundamental rights enforcement proceedings are principally determined through affidavit evidence and declined to grant the request.

LEGAL IMPLICATIONS

The ruling highlights the increasing relevance of electronic and digital evidence in Nigerian judicial proceedings, particularly in cases involving disputed facts and allegations of constitutional rights violations.

It also underscores the court's discretionary powers to regulate the presentation of evidence while balancing fair hearing, judicial efficiency and legitimate security concerns.

Importantly, the ruling does not determine the substantive allegations of fundamental rights violations, which remain pending before the court.

Justice Onah subsequently adjourned the matter until 3 November 2026, at 1:00 p.m., for the definite hearing of the substantive applications.

Legal Diary News
Reporting Law, Justice and Legal Developments.

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