Appeal Court Upholds El-Rufai’s Right To Fair Hearing

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

The ruling followed an appeal filed by El-Rufai against the Kaduna State House of Assembly, challenging proceedings in suit number CA/K/240/2024. The development was disclosed on Tuesday by his media adviser, Muyiwa Adekeye.

In its decision, the appellate court held that the Federal High Court, presided over by Justice R.M. Aikawa, erred by proceeding with a hearing on July 18, 2024, without properly serving El-Rufai with notice. The court found that he was denied the opportunity to respond to the respondents’ counter-affidavit.

Consequently, the Court of Appeal nullified the proceedings of July 18, 2024, and set aside the judgment delivered on July 30, 2024, citing lack of jurisdiction. The case has now been remitted to the Federal High Court for reassignment to a different judge for a fresh hearing.

El-Rufai had initially filed a fundamental rights enforcement suit in 2024, accusing the Kaduna State House of Assembly of denying him fair hearing during its investigations. Although the trial court had earlier adjourned the matter, it later proceeded in his absence, granted the respondents’ applications, and denied him the chance to respond.

Through his counsel, A.U. Mustapha (SAN), El-Rufai argued on appeal that the matter was improperly heard during court vacation without a formal application and that the trial judge declined to recuse himself despite objections.

The Court of Appeal examined two key issues—whether hearing notice was properly served and whether El-Rufai was denied the opportunity to file a further affidavit. On the issue of service, the court emphasised that only contact details provided by parties are valid for such notices and held that there was no evidence he was duly 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, stressing that the trial court had no discretion to deny him that right.