Kaduna Appeal Court Overturns El-Rufai Rights Ruling

The Court of Appeal in Kaduna has overturned a Federal High Court ruling in a fundamental rights suit filed by former Kaduna State Governor Nasir el-Rufai against the state House of Assembly, citing a breach of his right to a fair hearing during the lower court proceedings.

In a judgment delivered on Tuesday in appeal CAK/240/2024, the appellate court declared the Federal High Court's actions on July 18, 2024, and its subsequent ruling on July 30, 2024, by Justice R.M. Aikawa, a nullity for lack of jurisdiction. The court found that el-Rufai was not served with a hearing notice for the July 18 session, despite an earlier adjournment, and was thus denied the opportunity to participate. Additionally, the lower court refused to allow him to file a further affidavit or reply to the assembly's counter-affidavit after it was regularized, violating provisions under the Fundamental Rights Enforcement Procedure Rules that entitle parties to respond within five days.

The appellate court emphasized that proper service of hearing notices is essential to a court's jurisdiction and cannot be overlooked as a mere technicality. It noted the absence of any affidavit of service and ruled that...