Summary: Court of Appeal nullifies Federal High Court judgment against former Kaduna Governor Nasir El-Rufai, citing violation of his right to fair hearing and improper service of hearing notice.
The Court of Appeal sitting in Kaduna has set aside a Federal High Court judgment against former Kaduna State Governor, Nasir El-Rufai, ruling that his constitutional right to fair hearing was violated during the initial trial.
In a significant legal victory for the former governor, the appellate court declared that proceedings conducted on July 18, 2024, were fundamentally flawed because El-Rufai was not properly notified about the hearing date. The court emphasized that this failure stripped the lower court of the jurisdiction to proceed with the case.
What Led to the Appeal?
The controversy began when El-Rufai approached the Federal High Court in 2024, seeking to enforce his fundamental rights against the Kaduna State House of Assembly. He had alleged that the state assembly denied him fair hearing during investigations it conducted into his administration.
However, things took an unexpected turn when the Federal High Court adjourned the matter but later proceeded to hear it on July 18, 2024—without properly informing El-Rufai or his legal team. In his absence, the trial court granted the respondents’ application for extension of time, heard the case, and ultimately declined jurisdiction. The judge, Justice R M Aikawa, ruled that the claims went beyond fundamental rights enforcement and transferred the case to the Kaduna State High Court.
The judgment was eventually delivered on July 30, 2024, prompting El-Rufai to file an appeal through his counsel, A U Mustapha.
The Appeal Court’s Position
In its ruling on appeal number CA/K/240/2024, the Court of Appeal made it clear that proper service of hearing notices is not a mere formality—it is a fundamental requirement that directly affects a court’s jurisdiction.
“There was no evidence that El-Rufai had been properly served with the hearing notice,” the appellate court stated, adding that the trial court failed in its duty to ensure due process before proceeding with the case.
The court also found that denying the former governor the opportunity to respond to the respondents’ counter-affidavit constituted a clear violation of his constitutional right to fair hearing—a right guaranteed under Nigerian law.
A Fresh Start Ordered
As a result of these findings, the Court of Appeal declared Justice Aikawa’s July 30, 2024 judgment a nullity for lack of jurisdiction. The appellate court ordered that the case be returned to the Federal High Court and reassigned to a different judge for a fresh hearing.
Under the Fundamental Rights Enforcement Procedure Rules, the court noted, El-Rufai was entitled to file additional affidavits and legal responses after the respondents regularized their filings. Denying him that opportunity, the judges concluded, amounted to denying him justice.
Why This Matters
This ruling reinforces an important principle in Nigerian jurisprudence: that no matter how powerful or politically exposed a person may be, the courts must uphold the fundamental principle of fair hearing. It also serves as a reminder to trial courts across the country about the importance of following due process, especially in matters involving constitutional rights.
For El-Rufai, who has faced intense scrutiny since leaving office, the appeal court’s decision offers a chance to have his case heard properly and on its merits. The former governor had consistently maintained that the Kaduna State House of Assembly’s investigations were conducted without affording him adequate opportunity to defend himself.
The case will now return to the Federal High Court, where a new judge will be assigned to hear the matter afresh—this time with all parties properly notified and given full opportunity to present their arguments.
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