The Court of Appeal has affirmed the right of Malam Nasir El-Rufai to a fair hearing, setting aside the judgment of Justice R.M. Aikawa of the Federal High Court, Kaduna.
The ruling followed El-Rufai’s appeal against the Kaduna State House of Assembly (CA/K/240/2024), as disclosed on Tuesday by his media adviser, Muyiwa Adekeye.
The appellate court held that the Federal High Court erred by proceeding with the hearing on 18th July 2024 without properly serving El-Rufai notice and denying him the chance to respond to the respondents’ counter-affidavit. Consequently, the Court of Appeal nullified the proceedings of that day and set aside the judgment delivered on 30th July 2024 for lack of jurisdiction.
The case has now been remitted to the Federal High Court for reassignment to a different judge to be heard afresh.
El-Rufai had filed a fundamental rights enforcement suit in 2024, challenging the Kaduna State House of Assembly over alleged 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 and refusing him the opportunity to respond.
Through his lawyer, AU Mustapha SAN, El-Rufai argued that the case was improperly heard during vacation without an application and that the trial judge refused to recuse himself.
The Court of Appeal focused on two key issues: proper service of the hearing notice and the denial of the right to file a further affidavit. On service, the court emphasized that only the contact details provided by parties are valid for notice, and there was no evidence El-Rufai was served.
Regarding the second issue, the court held that under the Fundamental Rights (Enforcement Procedure) Rules, El-Rufai was entitled to file a further affidavit and respond to points of law within five days, which the trial court could not deny.
The judgment underscores the judiciary’s commitment to fair hearing and adherence to proper procedures, especially in matters concerning fundamental rights.