Appeal Court Voids Lower Court Judgment, Affirms El-Rufai’s Right to Fair Hearing

The Court of Appeal has upheld the right of former Kaduna State governor, Nasir El-Rufai, to a fair hearing, setting aside the earlier judgment of the Federal High Court in Kaduna.

The appellate court, in its ruling on the appeal marked CA/K/240/2024, nullified proceedings conducted on July 18, 2024, as well as the judgment delivered on July 30, 2024, by Justice R.M. Aikawa, citing lack of jurisdiction and breach of due process.

According to a statement by El-Rufai’s media adviser, Muyiwa Adekeye, the court found that the trial court erred by proceeding with the case without properly serving the appellant notice of hearing, thereby denying him the opportunity to respond to the respondents’ counter-affidavit.

The appeal stemmed from a suit filed by El-Rufai in 2024 against the Kaduna State House of Assembly, alleging denial of fair hearing during legislative investigations.

In its decision, the Court of Appeal emphasised that proper service of court processes is fundamental to fair hearing, noting that there was no evidence the appellant was duly notified of the proceedings.

The court also held that under the Fundamental Rights (Enforcement Procedure) Rules, El-Rufai was entitled to file a further affidavit and respond on points of law, a right the lower court wrongly denied him.

Consequently, the appellate court ordered that the case be remitted to the Federal High Court for reassignment to another judge for a fresh hearing.

El-Rufai, through his counsel, A.U. Mustapha (SAN), had argued that the matter was irregularly heard during the court’s vacation period without a formal application and that the trial judge declined to recuse himself despite concerns raised.

The ruling underscores the judiciary’s commitment to upholding due process and safeguarding fundamental rights in judicial proceedings.