Court of Appeal Upholds El-Rufai’s Right to Fair Hearing, Nullifies Kaduna High Court Judgment

The Court of Appeal has affirmed the right of Nasir El-Rufai to a fair hearing, overturning the judgment delivered by Justice R.M. Aikawa of the Federal High Court, Kaduna.

The appellate ruling arose from El-Rufai’s appeal against the Kaduna State House of Assembly (CA/K/240/2024), which challenged his alleged denial of a fair hearing during the assembly’s investigations.

According to El-Rufai’s media adviser, Muyiwa Adekeye, the appellate court found that the trial court erred by proceeding on 18 July 2024 without properly serving El-Rufai with notice and denying him the opportunity to respond to the respondents’ counter-affidavit. Consequently, the judgment delivered on 30 July 2024 was set aside for lack of jurisdiction, and the case has been remitted to the Federal High Court for reassignment.

El-Rufai, represented by AU Mustapha SAN, argued that the case was improperly heard during court vacation without application and that the trial judge refused to recuse himself.

The Court of Appeal highlighted two critical issues:

1. Proper service of notice: Only contact details officially provided by parties are valid for court notice. There was no evidence El-Rufai was served.
2. Opportunity to respond: Under the Fundamental Rights (Enforcement Procedure) Rules, El-Rufai was entitled to file a further affidavit and reply on points of law within five days—a right the trial court improperly denied.

The judgment reinforces the judiciary’s commitment to due process, proper procedure, and the protection of fundamental rights, sending a clear message on the importance of fair hearing in Nigeria.