Court Of Appeal Confirms El-Rufai’s Right To Fair Hearing, Nullifies Federal High Court Judgment Against Him
The Court of Appeal has reaffirmed a fundamental principle that every Nigerian holds dear: the right to a fair hearing. In a landmark ruling, the appellate court nullified the judgment of Justice R.M. Aikawa of the Federal High Court, Kaduna, in the case of Malam Nasir El-Rufai versus the Kaduna State House of Assembly (CA/K/240/2024).
The court found that El-Rufai was denied his right to respond to the counter-affidavit of the respondents and was never properly served with the hearing notice; a clear violation of due process.
The Court of Appeal decisively set aside the proceedings of 18 July 2024 and the subsequent judgment of 30 July 2024, declaring that the Federal High Court lacked jurisdiction.
Importantly, the matter has been remitted for reassignment to another judge who will hear the suit afresh, ensuring that justice is done without procedural shortcuts or prejudice.
El-Rufai initially filed this fundamental rights enforcement suit in 2024, challenging the House of Assembly over its denial of fair hearing during its investigations.
Shockingly, the trial court had proceeded with the hearing on 18 July 2024 without notifying El-Rufai, granted the respondents’ application for extension of time, and refused him the opportunity to respond to their submissions.
This procedural overreach threatened the very foundation of judicial fairness.
Dissatisfied with the handling of the matter, El-Rufai, through his lawyer AU Mustapha SAN, rightly appealed.
The appeal highlighted critical breaches: the case was heard during vacation without proper application, the trial judge declined to recuse himself despite a formal request, and El-Rufai was denied his constitutional right to participate fully in his own defense.
The Court of Appeal centered its ruling on two key points: first, proper service of hearing notice, and second, the right to file a further affidavit and reply on points of law.
The court emphasized that the bailiff has a non-negotiable duty to serve notices using only the contact information provided by the parties.
Any deviation renders proceedings invalid. Additionally, the appellate court confirmed that El-Rufai had every right to respond to the respondents’ counter-affidavit, which had been filed out of time but later regularized, again reinforcing that courts cannot arbitrarily deny this entitlement.
This judgment is more than a personal vindication for Malam Nasir El-Rufai; it is a victory for due process, fairness, and the rule of law in Nigeria.
It sends a clear message: no institution or individual can circumvent fundamental rights under the Constitution. Every citizen, regardless of status, must be treated equally before the law.
El-Rufai Live celebrates this affirmation of justice and calls on all Nigerians to remain vigilant in defending their rights. The appellate court’s ruling reminds us that integrity, patience, and adherence to the law always triumph over procedural abuse and political maneuvering.
