The Court of Appeal has reaffirmed the right of former Kaduna State governor, Nasir El-Rufai, to fair hearing, overturning an earlier decision of the Federal High Court in Kaduna presided over by Justice R.M. Aikawa.
The appellate court delivered the judgment in an appeal instituted by El-Rufai against the Kaduna State House of Assembly in suit number CA/K/240/2024.
Details of the ruling were disclosed on Tuesday in a statement issued by the former governor’s media aide, Muyiwa Adekeye.
The court held that the lower court acted wrongly when it went ahead with proceedings on July 18, 2024, without confirming that the appellant had been duly notified, thereby denying him the chance to respond to the counter-affidavit filed by the respondents.
Based on this finding, the appellate court invalidated the proceedings of July 18, 2024, along with the judgment delivered on July 30, 2024, citing lack of jurisdiction.
It subsequently directed that the case be sent back to the Federal High Court for reassignment to another judge for a fresh trial.
El-Rufai had approached the court in 2024 through a fundamental rights enforcement suit, accusing the Kaduna Assembly of breaching his right to fair hearing during its investigative process.
Although the trial court initially fixed the matter for hearing at a later date, it later proceeded in his absence and granted the applications of the respondents without allowing him to file a response.
Challenging the outcome, El-Rufai, through his counsel, A.U. Mustapha (SAN), argued that the matter was heard during court vacation without the necessary application and also faulted the refusal of the trial judge to withdraw from the case.
In determining the appeal, the Court of Appeal examined whether the appellant was properly served with hearing notice and whether he was unjustly denied the opportunity to file a further affidavit.
On the issue of service, the court emphasised that notices must be served using the contact details provided by parties and observed that there was no evidence that El-Rufai was duly served.
Regarding the second issue, the court held that the Fundamental Rights (Enforcement Procedure) Rules entitled the appellant to file a further affidavit and reply on points of law within the stipulated period, adding that the trial court had no discretion to deny him that opportunity.
The judgment highlights the judiciary’s stance on strict compliance with due process and the protection of litigants’ fundamental rights.
