𝗔𝗣𝗣𝗘𝗔𝗟 𝗖𝗢𝗨𝗥𝗧 𝗩𝗢𝗜𝗗𝗦 𝗟𝗢𝗪𝗘𝗥 𝗖𝗢𝗨𝗥𝗧 𝗥𝗨𝗟𝗜𝗡𝗚, 𝗔𝗙𝗙𝗜𝗥𝗠𝗦 𝗘𝗟-𝗥𝗨𝗙𝗔𝗜’𝗦 𝗥𝗜𝗚𝗛𝗧 𝗧𝗢 𝗙𝗔𝗜𝗥 𝗛𝗘𝗔𝗥𝗜𝗡𝗚

The Court of Appeal has affirmed the right to fair hearing of former Kaduna State governor, Nasir El-Rufai, setting aside an earlier judgment delivered by the Federal High Court in Kaduna.In its ruling, the appellate court held that the lower court violated El-Rufai’s constitutional right by proceeding with the case without ensuring he was properly served with hearing notices. The judges noted that the absence of proof of service denied him the opportunity to appear and defend himself.The case, marked CA/K/240/2024, originated from a fundamental rights enforcement suit filed by El-Rufai against the Kaduna State House of Assembly. He had challenged the actions of the Assembly, alleging that he was not given a fair opportunity to respond during investigative proceedings.The Court of Appeal specifically nullified the proceedings of July 18, 2024, and the judgment delivered on July 30, 2024, describing them as a breach of due process.Furthermore, the court ordered that the matter be reassigned to another judge of the Federal High Court for a fresh hearing, stressing that justice must not only be done but must be seen to be done.Legal analysts say the judgment reinforces the principle that courts must strictly adhere to due process and ensure all parties are given a fair chance to present their case before any decision is reached.