The Court of Appeal sitting in Kaduna has set aside the judgment of the Federal High Court in a fundamental rights suit filed by former Kaduna State governor, Nasir El-Rufai, ordering that the case be retried before a different judge.
In a unanimous decision delivered on March 17, a three-member panel led by Justice Onyekachi Otisi, alongside Justices Abimbola Obaseki-Adejumo and Sybil Gbagi, ruled that the proceedings of the lower court violated the appellant’s constitutional right to fair hearing.
The appellate court consequently nullified the entire judgment delivered on July 30, 2024.
The appeal, marked CA/K/240/2024, arose from a dispute between El-Rufai and the Kaduna State House of Assembly, alongside the state Attorney General, following an investigation into the financial dealings of the Kaduna State Government between May 2015 and May 2023.
An ad hoc committee of the Assembly had earlier indicted the former governor over an alleged ₦400 billion fraud.
Dissatisfied, El-Rufai approached the Federal High Court, alleging that although several individuals were invited by the committee, he was not given an opportunity to appear before it, despite recommendations being made against him.
Delivering the lead judgment, Justice Otisi held that there was no credible evidence showing that El-Rufai was properly served with hearing notices.
The court emphasised that proper service of court processes is fundamental to the validity of any judicial proceeding.
It also rejected claims that notice was served via text message, citing inconsistencies in the phone numbers presented and lack of documentary proof.
According to the court, reliance on oral assertions without supporting evidence is insufficient in law.
The panel further held that the failure to properly serve the appellant denied him the opportunity to respond to filings, including a counter-affidavit relied upon by the trial court.
The appellate court also faulted the trial court for proceeding to determine the substantive matter on the same day it deemed the respondents’ processes properly filed, thereby denying the appellant adequate time to respond.
It described the entire process as fundamentally flawed and a clear breach of fair hearing, rendering the proceedings null and void.
Consequently, the court ordered that the case be heard afresh (de novo) before another judge of the Federal High Court.
It also directed all parties involved to bear their respective costs.
In their concurring judgments, Justices Obaseki-Adejumo and Gbagi reaffirmed the importance of strict adherence to procedural rules in safeguarding justice and fairness in judicial proceedings
