- The Court of Appeal set aside a Federal High Court judgment in Kaduna, ruling in favour of Nasir El-Rufai
- The court found that El-Rufai had not been properly served notice and was denied the chance to respond, breaching due process
- The matter was remitted for reassignment to another judge, ensuring a new hearing in line with fair hearing principles
The Court of Appeal has affirmed the right of Nasir El-Rufai to a fair hearing, setting aside the judgment earlier delivered by the Federal High Court in Kaduna.
The ruling followed an appeal filed by El-Rufai against the Kaduna State House of Assembly, challenging proceedings in suit number CA/K/240/2024. The development was disclosed on Tuesday by his media adviser, Muyiwa Adekeye.
In its decision, the appellate court held that the Federal High Court, presided over by Justice R.M. Aikawa, erred by proceeding with a hearing on 18 July 2024 without properly serving El-Rufai with notice. The court found that this denied him the opportunity to respond to the respondents’ counter-affidavit.
Consequently, the Court of Appeal nullified the proceedings of that date and set aside the judgment delivered on 30 July 2024 on the grounds of lack of jurisdiction. The case has now been remitted to the Federal High Court for reassignment to a different judge and a fresh hearing.
El-Rufai had instituted the fundamental rights enforcement suit in 2024, alleging that he was denied a fair hearing during investigations conducted by the Kaduna State House of Assembly. Although the trial court initially adjourned the matter, it later proceeded in his absence, granted the respondents’ applications and denied him the opportunity to respond.
Through his counsel, A.U. Mustapha, El-Rufai argued on appeal that the case was improperly heard during the court’s vacation period without a formal application. He also contended that the trial judge declined to recuse himself despite concerns raised.
The appellate court considered two key issues: whether proper hearing notice was served and whether El-Rufai was denied the opportunity to file a further affidavit. On the issue of service, the court ruled that there was no evidence he had been duly notified using the contact details he provided.
On the second issue, the court held that under the Fundamental Rights (Enforcement Procedure) Rules, El-Rufai was entitled to file a further affidavit and reply on points of law within five days, and that the trial court had no discretion to deny him this right.
The judgment underscores the judiciary’s commitment to upholding due process and ensuring fair hearing, particularly in cases involving fundamental human rights.