Former governor of Kaduna State, Malam Nasir El-Rufai, has filed a fundamental rights enforcement suit against the Kaduna State House of Assembly and the Kaduna State government before the Federal High Court, Kaduna Division.
In the suit, he sought N1 billion damages.
On March 30, 2024, at a town hall meeting, Governor Uba Sani revealed that the state faced a substantial debt burden of $587 million, N85 billion, and 115 contractual liabilities inherited from his predecessor.
Consequently, the Assembly set up a committee to probe the allegations, which indicted El-Rufai and recommended that the anti-graft agencies prosecute him.
El-Rufai’s lawyer, AbdulHakeem Mustapha (SAN)), said his client approached the court as a Nigerian citizen who is entitled to be given a fair hearing before his rights can be determined by a quasi-judicial or investigative body or courts by the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the African Charter on Human and Peoples Rights.
In the suit, he prayed the court to declare that by the provisions of Section 36 of the Constitution of the Federal Republic of Nigeria, 1999, the Report of the Ad-Hoc Committee on Investigation of Loans, Financial Transactions, Contractual Liabilities and Other Related Matters of the Government of Kaduna State from 29 May 2015 to 29 May 2023, as ratified by the Kaduna State House of Assembly, is unconstitutional and therefore null and void for violating his right to fair hearing as guaranteed under the Constitution.
A declaration that by the provisions of section 36 of the Constitution of the Federal Republic of Nigeria, 1999 As Altered, the Report of the Ad-Hoc Committee on Investigation of Loans, Financial Transactions, Contractual Liabilities and Other Related Matters of the Government of Kaduna State From 29th May, 2015 to 29TH May, 2023 and subsequent ratification by the Kaduna State House of Assembly is unconstitutional and therefore null and void for violating the applicant’s right to Fair Hearing as guaranteed under the Constitution.
In the relief sought, he prayed the court to declare that all the wide-ranging decisions and recommendations made against him by the respondent without inviting and hearing from him in line with the provisions of the Constitution and the African Charter on Human and Peoples’ Rights are clear breach of his fundamental human rights to fair hearing guaranteed under Section 36 of the Federal Republic of Nigeria, 1999 (As Amended) and Article 7 of African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004.
He also prayed the court for an order of perpetual injunction restraining the respondents by themselves, their officers, servants, agents, and privies from further violating his right to a fair hearing in the guise of investigating loans, financial transactions, contractual liabilities, and other related matters of the government of Kaduna State from 29th May 2015 to 29th May 2023.
He also sought an order mandating the House of Assembly to pay the sum of N1 billion as damages to him for breaching his fundamental human rights by not affording the applicant fair treatment before making far-reaching recommendations against him.
No date has been fixed for the hearing of the matter.
