By 𝔸bdulrazak Tomiwa

The Court of Appeal in Kaduna has nullified a previous Federal High Court judgment regarding a fundamental rights suit filed by former Governor Nasir El-Rufai. 

The three-member panel ruled that the initial proceedings breached El-Rufai’s right to a fair hearing. Consequently, the court ordered a fresh trial of the case to be held before a different judge.

The legal battle stems from a Kaduna State House of Assembly probe into financial activities and contracts between 2015 and 2023. An ad hoc committee indicted El-Rufai over an alleged N400bn fraud during his tenure.

El-Rufai challenged this in court, arguing he was never invited to defend himself before the committee issued its recommendations.

In the lead judgment, Justice Onyekachi Otisi found no credible evidence that El-Rufai was ever served a hearing notice for the lower court’s proceedings. The court emphasized that proper service is a fundamental requirement for a court to have jurisdiction. Without acceptable proof of service, the entire legal process was deemed incompetent and invalid.

Respondents claimed they sent a hearing notice via text message to El-Rufai’s counsel, but the court rejected this assertion. The justices noted that the phone number used did not match official records and criticized the trial court for relying on oral statements from a registrar.

Documentary evidence, such as an affidavit of service, is required by law.

The appellate court also faulted the trial judge for deciding the substantive matter on the same day the respondents’ documents were filed. This action denied El-Rufai his legal right to a five-day window to file a reply. The court ruled that the lower court had no discretion to shorten these constitutionally protected timelines.

Justice Otisi stated that the failure to serve a hearing notice is a fundamental flaw that renders any resulting decision a nullity. While acknowledging the need for speedy trials, the court maintained that efficiency must not override constitutional safeguards. Therefore, the July 30, 2024, judgment was declared void and set aside.

The Court of Appeal ultimately ordered that the suit be held “de novo” (anew) by a different Federal High Court judge. Justices Abimbola Obaseki-Adejumo and Sybil Gbagi concurred with the lead judgment, endorsing the retrial. All parties involved were directed to bear their own respective legal costs for the appeal.