The Court of Appeal has affirmed the right of former Kaduna State Governor, Nasir El-Rufai, to a fair hearing, setting aside an earlier judgment delivered by the Federal High Court in Kaduna.

The ruling followed an appeal filed by El-Rufai against the Kaduna State House of Assembly in a case marked CA/K/240/2024, according to a statement by his media adviser, Muyiwa Adekeye.

In its decision, the appellate court held that the trial court erred by proceeding with a hearing on July 18, 2024, without properly serving El-Rufai and denying him the opportunity to respond to the respondents’ counter-affidavit.

Consequently, the Court of Appeal nullified the proceedings of that date and set aside the judgment delivered on July 30, 2024, citing lack of jurisdiction.

The court also ordered that the case be returned to the Federal High Court for reassignment to a different judge and a fresh hearing.

El-Rufai had filed a fundamental rights enforcement suit in 2024, alleging that he was denied a fair hearing during investigations conducted by the Kaduna State House of Assembly.

The lower court had initially adjourned the case but later proceeded in his absence, granting applications by the respondents without allowing him to file a response.

On appeal, his counsel, A.U. Mustapha (SAN), argued that the matter was improperly heard during court vacation without due application and that the trial judge declined to step aside despite concerns raised.

The appellate court addressed two key issues—proper service of hearing notice and the denial of the opportunity to file further processes—ruling in El-Rufai’s favour on both counts.

It held that there was no evidence he was duly served and emphasized that under the Fundamental Rights (Enforcement Procedure) Rules, he was entitled to file a further affidavit and respond on points of law, reinforcing the principle of fair hearing in judicial proceedings.