Kaduna Assembly probe: A’Court voids lower court ruling, upholds El-Rufai’s right to fair hearing

The Court of Appeal has set aside the judgement of the Federal High Court in Kaduna in a case involving former Governor Nasir El-Rufai and the Kaduna State House of Assembly, affirming that his right to fair hearing was breached during the trial.

Delivering judgement in the appeal marked CA/K/240/2024, the appellate court ruled that the failure to serve El-Rufai with a hearing notice and the denial of his right to respond to the respondents’ processes invalidated the entire proceedings at the lower court.

The suit originated from a fundamental rights enforcement action filed by El-Rufai against the Kaduna State House of Assembly over alleged denial of fair hearing during its investigative proceedings.

According to the court, the Federal High Court proceeded to hear the matter on July 18, 2024, despite the absence of proof that the appellant had been duly served.

It held that service of hearing notice is a fundamental requirement that goes to the root of a court’s jurisdiction and cannot be waived.

The appellate court further faulted the trial court for refusing to allow El-Rufai file a further affidavit and reply on points of law after the respondents regularised their counter-affidavit out of time.

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It maintained that the appellant was entitled to respond within the time allowed under the rules.

Based on these findings, the Court of Appeal declared the proceedings of July 18, 2024, and the judgement delivered on July 30, 2024, by Justice R.M. Aikawa null and void for lack of jurisdiction.

The court subsequently ordered that the case be returned to the Federal High Court for reassignment to another judge to ensure a fresh and fair hearing.

El-Rufai had approached the appellate court to challenge the earlier ruling, arguing that the trial court conducted proceedings without proper notice and denied him the opportunity to fully present his case.

In its verdict, the Court of Appeal reaffirmed the principle that fair hearing remains a cornerstone of justice and must be strictly upheld in all judicial proceedings.

The Star