The Court of Appeal has upheld the right of former Kaduna State Governor, Nasir El‑Rufai, to a fair hearing, overturning a previous ruling delivered by Justice R.M. Aikawa of the Federal High Court in Kaduna.
The decision followed an appeal filed by El-Rufai against the Kaduna State House of Assembly in suit number CA/K/240/2024.
The development was disclosed on Tuesday by El-Rufai’s media adviser, Muyiwa Adekeye.
According to the appellate court, the Federal High Court erred when it proceeded with the hearing on July 18, 2024, without properly serving El-Rufai with notice and thereby denying him the opportunity to respond to the respondents’ counter-affidavit.
The Court of Appeal consequently nullified the proceedings of July 18, 2024, and set aside the judgment delivered on July 30, 2024, on the grounds that the lower court lacked jurisdiction.
The case has now been returned to the Federal High Court for reassignment to another judge for a fresh hearing.
El-Rufai had filed a fundamental rights enforcement suit in 2024, challenging the Kaduna State House of Assembly over what he described as the denial of a fair hearing during its investigations.
The trial court had initially adjourned the matter but later proceeded in his absence, granting the respondents’ applications without giving him the opportunity to respond.
In his appeal, El-Rufai, through his lawyer, A. U. Mustapha (SAN), argued that the case was improperly heard during the court vacation without the necessary application and that the trial judge declined to step aside from the matter.
The Court of Appeal addressed two key issues in its ruling — proper service of hearing notice and the denial of the opportunity to file a further affidavit.
On the issue of service, the court stressed that only the contact details provided by parties are valid for delivering notices and noted that there was no evidence showing El-Rufai had been served.
Regarding the second issue, the court held that under the Fundamental Rights (Enforcement Procedure) Rules, the former governor had the right to file a further affidavit and reply on points of law within five days, a provision the trial court had no discretion to deny.
The appellate court said its judgment underscores the importance of fair hearing and strict adherence to due process in cases involving fundamental rights.