Viral • 2h ago
BREAKING: Appeal court upholds El-Rufai right to fair hearing
**Breaking News: Appeal Court Upholds El-Rufai's Right to Fair Hearing**
In a significant ruling, the Court of Appeal has reaffirmed the fundamental right of Malam Nasir El-Rufai to a fair hearing, annulling a previous judgment of the Federal High Court in Kaduna. This development comes after a long-standing dispute between El-Rufai and the Kaduna State House of Assembly (KDSHA).
El-Rufai's media adviser, Muyiwa Adekeye, disclosed the ruling on Tuesday, stating that the appellate court has set aside the judgment delivered by Justice R.M. Aikawa on July 30, 2024. The Court of Appeal held that the Federal High Court erred in proceeding with the hearing without properly serving El-Rufai with notice, thereby denying him the opportunity to respond to the respondents' counter-affidavit.
The matter is now being remitted to the Federal High Court for reassignment to a different judge to hear the case afresh. This development is a major win for El-Rufai, who had filed a fundamental rights enforcement suit in 2024, challenging the KDSHA over alleged denial of a fair hearing during its investigations.
The trial court had initially adjourned the matter but later proceeded in El-Rufai's absence, granting respondents' applications and denying him the chance to respond. El-Rufai's lawyer, AU Mustapha SAN, 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: (i) proper service of the hearing notice, and (ii) the denial of the opportunity to file a further affidavit. The court emphasized that only the contact details provided by parties are valid for notice, and there was no evidence that El-Rufai was served. On the second issue, the court held that El-Rufai was entitled to file a further affidavit and reply on points of law within five days, and the trial court had no discretion to deny this.
This ruling is a significant reminder of the importance of upholding the fundamental rights of all Nigerians, including the right to a fair hearing. It sets a precedent for future cases and serves as a check on the powers of the judiciary. As the nation continues to navigate the complexities of governance and the rule of law, this ruling is a welcome development for those who believe in the principles of justice and fairness.