The Court of Appeal of Nigeria sitting in Kaduna has ordered the Federal High Court to conduct a fresh hearing in a suit filed by former Kaduna State Governor, Nasir El-Rufai, seeking enforcement of his fundamental rights against the Kaduna State House of Assembly.
In a ruling delivered on Friday, the appellate court held that the earlier judgment of the Federal High Court, delivered on July 30, 2024, violated El-Rufai’s constitutional right to a fair hearing.
“The proceedings at the lower court did not meet the threshold of fair hearing as guaranteed under the Constitution,” the appellate court stated. “Justice demands that the matter be reheard to ensure all parties are properly heard.”
El-Rufai had approached the court to challenge actions taken by the Kaduna State House of Assembly, arguing that they infringed on his fundamental rights. However, the Federal High Court dismissed his request in its earlier ruling.
Dissatisfied with that outcome, the former governor appealed the decision, leading to the latest judgment overturning the lower court’s ruling.
Legal analysts say the decision underscores the judiciary’s commitment to due process. “The right to fair hearing is sacrosanct,” a constitutional lawyer said. “Any breach, no matter how procedural, can invalidate an entire proceeding.”
The case will now return to the Federal High Court in Kaduna for a fresh hearing before a different judge.
