The Court of Appeal has nullified the judgment of the Federal High Court in the case instituted by Nasir el-Rufai, former governor of Kaduna, against the state House of Assembly.
In a ruling on the appeal marked CA/K/240/2024, the
appellate court held that proceedings at the lower court were invalid due to a
breach of El-Rufai’s right to a fair hearing.
The court found that the federal high court sat on July 18,
2024, without evidence that the former governor was served with a hearing
notice, thereby denying him the opportunity to participate in the proceedings.
It also held that el-Rufai was not given the chance to
respond to the respondents’ counter-affidavit, describing the omission as a
violation of due process.
Based on the findings, the appellate court set aside the
judgment delivered by Rilwanu Aikawa, judge of the federal high court, on July
30, 2024, declaring it a nullity for lack of jurisdiction.
The court ordered that the case be returned to the federal
high court for reassignment to another judge.
El-Rufai had approached the lower court to enforce his
fundamental rights, alleging that the Kaduna House of Assembly denied him a
fair hearing in the course of its investigation.
However, while the matter was adjourned, the trial court
proceeded to hear the case in his absence on July 18 and granted an application
by the respondents.
The court later declined jurisdiction on the basis that the
claims extended beyond fundamental rights enforcement.
The case was subsequently transferred to the Kaduna state
high court.
Dissatisfied, el-Rufai, through his counsel, A.U. Mustapha,
a senior advocate of Nigeria (SAN), challenged the decision, arguing that he
was not notified of the hearing and was denied the opportunity to present his
case.
In its judgment, the court of appeal stressed that service
of a hearing notice is central to the validity of court proceedings and must be
established before a matter can be heard.
The court further held that under the fundamental rights
(enforcement procedure) rules, el-Rufai was entitled to file additional
processes after the respondents regularised their filings, adding that denying
him that opportunity breached his constitutional rights.
BACKGROUND
In April 2024, the Kaduna assembly inaugurated a 13-member
committee to examine the loans, grants, and project implementation in the state
during el-Rufai’s tenure.
The lawmakers said most of the loans obtained and projects
implemented did not follow “due process”.
They also called for the prosecution of some of the
commissioners and officials who worked under el-Rufai.
Speaking after the submission of the report, Yusuf Liman,
speaker of the Kaduna assembly, said the alleged diversion of public funds and
money laundering should be referred to law enforcement agencies.
“That the governor of Kaduna state between 29th May 2015 to
29th May 2023, as the chief executive officer of the state, breached his oath
of office contained in the 7th schedule to the Constitution of Nigeria as
amended and failed to exercise due diligence in the administration of the
state,” Liman had said.
“Plunging the state into unwanted, unjustified,House and
fraudulent domestic and foreign debt over and above the total loans obtained by
Kaduna State from 1965 to 1999, from 1965 to December 31st, 2014, and majority
were obtained without due process.
“Reckless award of contracts without due process leading to
several abandoned projects, despite payments with no record of utilisation, and
denying the state of the needed resources for development.
“Diversion of funds and money laundering are contrary to
extant laws and regulations and, accordingly, should be referred to the law
enforcement agencies for immediate investigation and prosecution.”
In
June 2024, el-Rufai sued the Kaduna House of Assembly over a claim that his
administration diverted N423 billion when he was the governor of the state.
He asked the court to declare the report of the ad hoc
committee set up by the House of Assembly unconstitutional, null, and void for
violating his right to a fair hearing.
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