The Court of Appeal has reaffirmed the right of former Kaduna State governor, Nasir El-Rufai, to a fair hearing, overturning a previous judgment delivered by the Federal High Court in Kaduna.
The appellate court nullified the ruling of Justice R. M. Aikawa in a case arising from El-Rufai’s legal dispute with the Kaduna State House of Assembly.
The development was disclosed on Tuesday by El-Rufai’s media aide, Muyiwa Adekeye.
In its decision, the Court of Appeal held that the lower court acted improperly when it continued proceedings on July 18, 2024, without ensuring that the former governor had been duly served with a hearing notice. The court noted that this denied him the opportunity to respond to the counter-affidavit filed by the respondents.
Based on this finding, the appellate court invalidated the proceedings conducted on that date and set aside the judgment delivered on July 30, 2024, ruling that the trial court lacked the jurisdiction to proceed under the circumstances.
The court subsequently ordered that the case be returned to the Federal High Court for reassignment to another judge who will hear the matter afresh.
El-Rufai had in 2024 approached the court with a fundamental rights enforcement suit against the Kaduna State House of Assembly, alleging that he was denied fair hearing during the legislature’s investigation into certain matters concerning his administration.
Although the trial court had earlier adjourned the case, it later went ahead with proceedings in his absence, granted applications filed by the respondents and declined to allow him respond to their submissions.
Dissatisfied with the outcome, El-Rufai, through his counsel, A. U. Mustapha, challenged the ruling at the Court of Appeal. He argued that the case was heard during court vacation without the required application and also faulted the trial judge for refusing to recuse himself.
In resolving the appeal, the appellate court examined two key issues, including whether the appellant was properly served with a hearing notice and whether he was unfairly denied the chance to file a further affidavit.
On the issue of service, the court stressed that notices must be sent through the contact details officially provided by parties, adding that there was no proof that El-Rufai received the notice of the hearing.
The court also ruled that under the Fundamental Rights (Enforcement Procedure) Rules, the appellant had the legal right to submit a further affidavit and reply on points of law within five days, a process the trial court had no authority to deny.
The ruling, legal analysts say, reinforces the importance of due process and the constitutional guarantee of fair hearing in judicial proceedings, especially in matters relating to fundamental human rights.
