By Peace Udugba -The daily torch media
The Kaduna Division of the Court of Appeal has nullified a previous ruling of the Federal High Court in a fundamental rights case filed by former Kaduna State Governor, Nasir El-Rufai.
In a unanimous judgment delivered on March 17, a three-member panel of justices held that the earlier proceedings violated El-Rufai’s constitutional right to a fair hearing. Consequently, the appellate court set aside the entire judgment delivered on July 30, 2024, and directed that the case be reassigned to another judge for a fresh hearing.
The panel, comprising Justices Onyekachi Otisi, Abimbola Obaseki-Adejumo, and Sybil Gbagi, ruled that the lower court failed to ensure proper service of hearing notices on the appellant.
The suit stemmed from an investigation by the Kaduna State House of Assembly into the financial dealings of the state government during El-Rufai’s tenure between 2015 and 2023. An ad hoc committee had earlier indicted the former governor over an alleged ₦400 billion fraud.
El-Rufai had approached the Federal High Court, arguing that he was neither invited nor given the opportunity to defend himself before the committee made its findings against him. However, the trial court declined jurisdiction and transferred the case to the Kaduna State High Court—a decision that triggered the appeal.
In its ruling, the Court of Appeal emphasized that proper service of court processes is fundamental to justice, stressing that failure to notify a party undermines the legitimacy of any proceedings.
With the judgment now set aside, the case will be reheard, offering both sides another opportunity to present their arguments before a different judge.
