Court of Appeal Orders New Hearing for El-Rufai's Case Against Kaduna Assembly

The Court of Appeal located in Kaduna has directed a new hearing for a lawsuit brought by ex-Governor Nasir El-Rufai, aimed at contesting the Kaduna State House of Assembly's inquiry into his actions during his governance.

The appellate court invalidated the ruling from the Kaduna Division of the Federal High Court that had dismissed El-Rufai's lawsuit against the legislative investigation in 2024.

The court determined that the Federal High Court, in its earlier ruling, denied El-Rufai a fair chance to present his case, which mirrored his complaints about the Kaduna State House of Assembly and led to the initiation of the lawsuit.

In the lawsuit, El-Rufai accused the Kaduna State House of Assembly of not providing him with fair hearing during its probes.

The initial case was rejected by the Federal High Court in July 2024, prompting him to appeal on the basis of not receiving fair hearing.

The Court of Appeal agreed with El-Rufai's claims in a decision communicated on Tuesday, as reported by his media aide, Muyiwa Adekeye.

The court noted that the previous failure to provide El-Rufai with a hearing notice invalidated all proceedings.

The court emphasized that the trial court had proceeded with hearings on July 18, 2024, without ensuring proper service of notice to El-Rufai, denying him the chance to counter the submissions from the respondents, thus violating his constitutional right to fair hearing.

It ruled that the lack of proof showing that hearing notice was served rendered the proceedings void, underlining that such service is crucial for the court's jurisdiction.

Furthermore, the Court of Appeal criticized the trial court for not allowing El-Rufai to submit additional affidavits and responses on legal points after the respondents adjusted their processes, indicating he had the right to do so according to the Fundamental Rights (Enforcement Procedure) Rules.

In reaction, the appellate court annulled the July 18, 2024, proceedings and the judgment issued on July 30, 2024, by Judge R.M. Aikawa, instructing that the matter be reassigned to a different judge in the Federal High Court for a new hearing.

In prior filings, El-Rufai had alleged that during investigations by the Kaduna State House of Assembly, he was denied due process. However, the trial court found it lacked jurisdiction, ruling that the questions raised exceeded fundamental rights enforcement issues.

This ruling occurs amidst wider legal challenges facing the former governor. Reports have indicated that El-Rufai has been held by the Independent Corrupt Practices and Other Related Offences Commission (ICPC) since February over allegations of financial misconduct linked to his tenure.

His legal representatives are contesting the legality of his detention, citing infringement of his fundamental rights such as improper service of court documents and denial of fair hearing. Conversely, the ICPC asserts that his detention is legal and part of ongoing investigatory processes.

The ruling from the Court of Appeal is expected to influence both current and future judicial matters involving the former governor, particularly concerning due process and the right to a fair hearing.