Appeal court voids ruling in El-Rufai case, orders fresh hearing
The Kaduna Division of the Court of Appeal has ordered a fresh hearing of former Kaduna State Governor Nasir El-Rufai’s suit seeking the enforcement of his fundamental rights against the State House of Assembly.
The appellate court held that the July 30, 2024 judgment of the Federal High Court (FHC), Kaduna Division, violated El-Rufai’s right to fair hearing. It consequently set aside the ruling and directed the Chief Judge of the FHC, Justice John Tsoho, to reassign the case for a new hearing before another judge.
El-Rufai had approached the Federal High Court following his indictment by the Kaduna State House of Assembly over an alleged N400 billion fraud. The Assembly had set up an ad-hoc committee to investigate financial activities of the state government between May 29, 2015 and May 29, 2023.
He argued that although about 70 individuals were invited during the probe, he was not invited to appear before the committee before it concluded its work and issued a report indicting him. He therefore alleged a breach of his fundamental right to fair hearing.
The former governor also challenged the handling of his application at the lower court, where Justice Coram Aikawa declined jurisdiction and transferred the matter to the Kaduna State High Court.
Delivering the lead judgment on March 17, 2026, Justice Onyekachi Aja Otisi, with Justices Abimbola Obaseki-Adejumo and Sybil Nwaka Gbagi concurring, ruled that the lower court proceedings breached El-Rufai’s constitutional right to fair hearing.
The court held that the denial of fair hearing rendered the entire proceedings and judgment of the lower court a nullity, regardless of how well they were conducted.
Consequently, the appellate court allowed the appeal, set aside the earlier proceedings and judgment, and ordered that the case be heard afresh, with parties directed to bear their respective costs.
