The Court of Appeal in Kaduna has ordered the rehearing of a suit filed by former Governor Nasir El-Rufai’s suit to challenge the Kaduna State House of Assembly’s probe into his activities while in office.
The appellate court nullified the judgement of the Kaduna Division of the Federal High Court which had thrown out Mr El-Rufai’s suit against the legislative probe in 2024.
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It held that the lower Federal High Court denied Mr El-Rufai fair hearing, which was exactly the grievance he had against the Kaduna State House of Assembly and prompted him to file the suit.
The former Kaduna State governor alleged in his suit that the Kaduna State House of Assembly denied him fair hearing in its investigations.
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But the Federal High Court threw out the case in July 2024, a decision he went on appeal to challenge on grounds of denial of fair hearing.
The Court of Appeal upheld Mr El-Rufai’s case in its judgement delivered Tuesday, his media adviser, Muyiwa Adekeye, disclosed in a statement.
The court found that the failure to serve the former governor with a hearing notice invalidated the entire proceedings.
The court held that the trial court proceeded to hear the matter on 18 July 2024 without proper service on Mr El-Rufai and denied him the opportunity to respond to the respondents’ filings, thereby breaching his constitutional right to fair hearing.
It ruled that the absence of proof of service of hearing notice rendered the proceedings a nullity, stressing that such service is fundamental to the jurisdiction of the court.
The Court of Appeal also faulted the trial court for refusing to allow Mr El-Rufai file a further affidavit and reply on points of law after the respondents regularised their processes, noting that he was entitled to do so under the Fundamental Rights (Enforcement Procedure) Rules.
Consequently, the appellate court set aside the proceedings of 18 July 2024 and the judgement delivered on 30 July 2024 by the judge, R.M. Aikawa, and ordered that the case be reassigned to another judge of the Federal High Court for a fresh hearing.
READ ALSO: Court grants ICPC permission to access devices recovered from El-Rufai’s house
Mr El-Rufai had approached the Federal High Court in 2024, alleging that the Kaduna State House of Assembly denied him fair hearing during its investigations. However, the trial court declined jurisdiction, holding that the issues raised went beyond fundamental rights enforcement.
The latest ruling comes amid broader legal disputes involving the former governor. PREMIUM TIMES earlier reported that Mr El-Rufai has been in the custody of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) since February over allegations of financial misconduct during his time in office.
His lawyers have challenged the legality of his detention, alleging violations of his fundamental rights, including failure to properly serve court processes and denial of fair hearing. The ICPC, however, maintains that his detention is lawful and part of ongoing investigations.
The Court of Appeal’s decision is likely to shape ongoing and future proceedings involving the former governor, particularly on questions of due process and fair hearing.
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