The Court of Appeal sitting in Kaduna has nullified the Federal High Court judgment in a case filed by former Kaduna State governor Nasir El-Rufai against the State House of Assembly, citing a breach of his right to a fair hearing.
In its ruling on appeal CA/K/240/2024, the appellate court found that the trial proceedings on July 18, 2024, were flawed, noting that El-Rufai was not properly served with notice and was denied the opportunity to respond to the respondents’ counter-affidavit.
The court declared the July 30, 2024 judgment by Justice R.M. Aikawa null and void for lack of jurisdiction and ordered that the matter be remitted to the Federal High Court for reassignment to another judge for a fresh hearing.
El-Rufai had filed the suit in 2024 seeking enforcement of his fundamental rights, alleging that the Kaduna State House of Assembly denied him a fair hearing during its investigations.
The appellate court emphasized that proper service of hearing notices is fundamental to a court’s jurisdiction and that denying El-Rufai the chance to fully present his case violated due process under the Fundamental Rights (Enforcement Procedure) Rules.
The judgment marks a significant legal victory for the former governor, allowing him another opportunity to pursue his case in court.
