The Court of Appeal Nigeria sitting in Kaduna has nullified a judgment of the Federal High Court Nigeria in a case involving former Kaduna State governor, Nasir El-Rufai, citing a breach of his right to a fair hearing.
In its ruling on the appeal marked CA/K/240/2024, the appellate court held that the lower court proceedings conducted on July 18, 2024, were fundamentally flawed due to failure to properly serve a hearing notice on El-Rufai. The court also found that denying him the opportunity to respond to the respondents’ counter-affidavit violated his constitutional right to fair hearing.
As a result, the Court of Appeal set aside the earlier judgment delivered on July 30, 2024 by Justice R M Aikawa, declaring it a nullity for lack of jurisdiction. The court ordered that the case be returned to the Federal High Court and reassigned to a different judge for a fresh hearing.
El-Rufai had initially filed the suit in 2024 against the Kaduna State House of Assembly, seeking enforcement of his fundamental rights. He alleged that the assembly denied him a fair hearing during its investigations.
However, during the trial, the Federal High Court adjourned the matter but proceeded to hear it on July 18 without proper notification to him. In his absence, the trial court granted the respondents’ application for extension of time, heard the substantive matter and declined jurisdiction, stating that the claims went beyond fundamental rights enforcement. The case was then transferred to the Kaduna State High Court.
Dissatisfied with the outcome, El-Rufai, through his counsel A U Mustapha, filed an appeal, arguing that the case was heard without proper notice and that he was denied the opportunity to fully present his case.
In its decision, the Court of Appeal emphasised that service of a hearing notice is a fundamental requirement that directly affects a court’s jurisdiction. It ruled that there was no evidence El-Rufai had been properly served and that the trial court failed in its duty to ensure due process before proceeding.
The appellate court further held that under the Fundamental Rights Enforcement Procedure Rules Nigeria, the appellant was entitled to file additional affidavits and legal responses after the respondents regularised their filings.
Denying him that opportunity, the court concluded, amounted to a clear violation of due process.
#Appeal #court #voids #judgment #ElRufai
Leave a Reply