Appeal court upholds El-Rufai right to fair hearing

Malam Nasir El-Rufai had his right to a fair hearing affirmed by the Court of Appeal, overturning a previous judgment by the Federal High Court in Kaduna. The ruling, disclosed on Tuesday by Muyiwa Adekeye, El-Rufai's media advisor, concerned appeal number CA/K/240/2024, which El-Rufai filed against the Kaduna State House of Assembly. The appellate court found that the Federal High Court erred on 18th July 2024 by proceeding without properly serving El-Rufai notice and denying him the chance to respond to a counter-affidavit.

The Court of Appeal nullified the proceedings of 18th July 2024 and the judgment delivered on 30th July 2024, citing a lack of jurisdiction. The case has been remitted back to the Federal High Court for reassignment to a different judge to hear the case afresh. El-Rufai had initially filed a fundamental rights enforcement suit in 2024, challenging the Kaduna State House of Assembly over an alleged denial of a fair hearing during its investigations.

AU Mustapha SAN, El-Rufai's lawyer, argued that the matter was improperly heard during vacation without any application and that the trial judge refused to recuse himself. The Court of Appeal focused on two key issues: proper service of the hearing notice and the denial of the opportunity to file a further affidavit. The court emphasized that only contact details provided by parties are valid for notice and that there was no evidence that El-Rufai was served. The court also held that 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 denied.