The Court of Appeal has affirmed the right of Malam Nasir El-Rufai to a fair hearing, nullifying the judgment of Justice R.M. Aikawa of the Federal High Court, Kaduna.
The ruling followed an appeal filed by El-Rufai against the Kaduna State House of Assembly (CA/K/240/2024), and was 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 with notice, thereby denying him the opportunity to respond to the respondents’ counter-affidavit. Consequently, the Court of Appeal invalidated the proceedings of 18th July 2024 and set aside the judgment delivered on 30th July 2024 for lack of jurisdiction.
The matter has now been remitted to the Federal High Court for reassignment to a different judge to hear the case afresh.
El-Rufai had filed a fundamental rights enforcement suit in 2024, challenging the Kaduna State House of Assembly over an alleged denial of a fair hearing during its investigations. The trial court initially adjourned the matter but later proceeded in his absence, granting the respondents’ applications and denying him the chance to respond.
In his appeal, El-Rufai, through his lawyer, AU Mustapha (SAN), contended that the matter was improperly heard during vacation without any formal application and that the trial judge refused to recuse himself.
The Court of Appeal focused on two key issues: (i) proper service of the hearing notice, and (ii) the denial of the opportunity to file a further affidavit. On the first issue, the court emphasised that only the contact details provided by the parties are valid for service, and there was no evidence that El-Rufai had been served.
On the second issue, the court ruled 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. The trial court had no discretion to deny this right.
The judgment reinforces the judiciary’s commitment to ensuring fair hearing and proper procedural compliance, particularly in matters affecting fundamental rights, sending a clear signal that due process must always be observed in the administration of justice.
