The Federal High Court in Abuja has permitted the Independent Corrupt Practices and Other Related Offences Commission (ICPC) to play selected portions of its closed-circuit television (CCTV) footage in the ₦10 billion fundamental rights suit filed by former Kaduna State Governor Nasir El-Rufai.
Justice Chigozie Onah, ruling on separate applications by the commission and El-Rufai on Thursday, declined the former governor’s request for the more than six hours of recordings to be played in full in open court.
The judge directed both parties to have 20 minutes each to present relevant portions of the footage, explaining that the court could not spend its time viewing the entire recording. He also agreed with the ICPC’s argument that some footage contained sensitive security information that could expose its facility to security risks if shown publicly.
Justice Onah indicated that any decision to view the complete footage would require it to be played in his chambers. The court also rejected El-Rufai’s request to have two ICPC officials who provided affidavits in the case produced for cross-examination, observing that fundamental rights enforcement matters are generally determined on affidavit evidence.
El-Rufai instituted the suit against the ICPC, its chairman, Musa Aliyu, and the Attorney-General of the Federation, seeking ₦10 billion in damages over his allegation that he was denied access to his wife, Aichatou Asabe, and son, Abba El-Rufai, while in the commission’s custody. The allegations have not been determined by the court.
In its response, the ICPC maintained that El-Rufai was being held under a court order and said it had temporarily restricted access following what it described as security breaches involving visits to its premises. The commission’s affidavit alleged that a medical visit on July 7 had been turned into a political meeting and that El-Rufai’s wife had previously entered its premises outside official visiting hours with the assistance of some officers. These are the commission’s claims, which remain contested.
The ICPC asked the court to view selected CCTV clips it said captured relevant events, including what it labelled “The Scuffle,” “The Son Being Taken Away” and “Unauthorised Entry.” It argued that showing the entire recordings publicly could expose sensitive details about its security arrangements.
El-Rufai, however, challenged the selection of the clips, arguing that excerpts could not establish what happened throughout the relevant periods. He sought the complete, unedited recordings for several dates, along with visitor registers and entry and exit records. He also asked to question the officials involved in certifying and explaining the footage, contending that omitted portions could help test the commission’s account.
The former governor further argued that the missing recordings should attract an adverse inference if the commission failed to produce them. The ICPC opposed his requests, maintaining that sensitive footage could be examined in the judge’s chambers if necessary.
Justice Onah adjourned the matter until November 3 at 1pm for a definite hearing of the substantive applications. The court’s ruling on the CCTV footage concerns how the evidence may be presented; it does not determine the merits of El-Rufai’s ₦10 billion claim.
