The Court of Appeal has delivered a ruling affirming the fundamental right of former Kaduna State Governor, Malam Nasir El-Rufai, to a fair hearing, effectively setting aside a previous judgment by the Federal High Court in Kaduna.
The appellate court, in the case of El-Rufai v. Kaduna State House of Assembly (CA/K/240/2024), determined that Justice R.M. Aikawa had erred by proceeding with a crucial hearing on July 18, 2024, without ensuring that El-Rufai was properly served with notice or given the opportunity to contest the respondents’ counter-affidavit.
This legal victory, disclosed on Tuesday by El-Rufai’s media adviser, Muyiwa Adekeye, reinforces the procedural necessity of the judiciary in protecting personal liberties.
The Court of Appeal held that the trial court lacked jurisdiction because it failed to recognize the mandatory provision under the Fundamental Rights (Enforcement Procedure) Rules, which allows an applicant five days to file a further affidavit.
By proceeding in the absence of the former governor and his legal team, the lower court denied him the ability to present his case fully.
Consequently, the appellate court nullified the entire proceedings from July 18 and the subsequent July 30 judgment, remitting the matter back to the Federal High Court for reassignment to a new judge for a fresh hearing.
The original suit was filed by El-Rufai in 2024 to challenge investigations conducted by the Kaduna State House of Assembly, which he alleged were carried out without giving him a fair hearing. His counsel, A.U. Mustapha SAN, had argued that the trial judge improperly heard the matter during a judicial vacation without a formal application and refused to recuse himself despite clear procedural lapses.
The Court of Appeal’s decision centers on the principle that only contact details provided by parties themselves constitute valid avenues for service, and since no evidence of service existed, the lower court’s actions were fundamentally flawed.