The Court of Appeal, Kaduna Division, has nullified the judgment of the Federal High Court in a fundamental human rights suit filed by former Kaduna State governor Nasir El Rufai, ordering a fresh hearing before another judge.
In a unanimous judgment delivered on March 17, the three-member panel, comprising Justices Onyekachi Otisi, Abimbola Obaseki Adejumo, and Sybil Gbagi, held that the trial court breached El Rufai’s constitutional right to a fair hearing. The appellate court set aside the entire proceedings and judgment delivered by the lower court on July 30, 2024.
The appeal, marked CA/K/240/2024, arose from an investigation by the Kaduna State House of Assembly into alleged financial irregularities, loans, and contracts of the state government between May 29, 2015, and May 29, 2023, including claims of N400bn fraud against El Rufai. The former governor argued that although about 70 individuals were invited, he was not served a hearing notice and therefore could not participate.
Justice Otisi noted that the trial court lacked jurisdiction due to the absence of credible proof of service, emphasizing that proper service of process is fundamental to confer competence on a court. The court rejected the respondents’ claim that notice was served via text message to El Rufai’s counsel, citing inconsistencies and lack of documentary evidence.
“The proceedings and decision of the lower court amount to a nullity and are liable to be set aside. Accordingly, the said judgment is hereby set aside for being a nullity,” the appellate court held, ordering a retrial and directing all parties to bear their respective costs.
Justices Obaseki Adejumo and Gbagi concurred, stressing that courts must ensure proper service and that failure to do so constitutes a denial of the fundamental right to fair hearing.
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