Appeal Court Upholds El-Rufai’s Right to Fair Hearing, Nullifies Lower Court Ruling

The Court of Appeal has ruled in favour of former Kaduna State governor Nasir El-Rufai‘s right to a fair hearing, overturning the earlier judgment handed down by Justice R.M. Aikawa of the Federal High Court in Kaduna.

The appellate court gave the ruling while determining an appeal filed by El-Rufai against the Kaduna State House of Assembly, marked CA/K/240/2024.

The development was made known in a statement issued on Tuesday by El-Rufai’s media aide, Muyiwa Adekeye.

In its decision, the appellate court held that the trial court erred by proceeding with proceedings on July 18, 2024, without evidence that the appellant was duly served with a hearing notice, thereby denying him the opportunity to respond to the counter-affidavit filed by the respondents.

Consequently, the court set aside the proceedings of July 18, 2024, as well as the judgment delivered on July 30, 2024, because the lower court lacked jurisdiction.

It further ordered that the case be returned to the Federal High Court for reassignment to another judge for a fresh hearing.

El-Rufai had, in 2024, instituted a fundamental rights enforcement suit against the Kaduna Assembly, alleging that he was denied a fair hearing during the course of its investigative proceedings.

Although the trial court initially adjourned the matter, it later proceeded in his absence, granting applications filed by the respondents without affording him the chance to respond.

Dissatisfied with the outcome, the former governor, through his counsel, A.U. Mustapha (SAN), argued on appeal that the case was heard during court vacation without a formal application and that the trial judge declined to step aside when requested.

In resolving the issues, the Court of Appeal considered whether the hearing notice was properly served and whether the appellant was denied the opportunity to file a further affidavit.

On the issue of service, the court stressed that notices must be delivered through contact details provided by parties and noted that there was no proof that El-Rufai was served in line with the rules.

On the second issue, the court held that under the Fundamental Rights (Enforcement Procedure) Rules, the appellant was entitled to file a further affidavit and respond on points of law within the stipulated time, adding that the trial court lacked the discretion to deny him that right.

The ruling, the court noted, underscores the importance of adherence to due process and the protection of fundamental rights in judicial proceedings.