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Court declines jurisdiction over El-Rufai’s fundamental rights suit

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A Federal High Court in Kaduna has refused to hear a lawsuit filed by Mr. Nasir Ahmad El-Rufai, the immediate past Governor of Kaduna State, citing lack of jurisdiction.

El-Rufai sought to nullify the report of the Kaduna State House of Assembly’s Adhoc Committee and obtain other declaratory reliefs.

In two preliminary rulings preceding the main judgment, Hon. Justice R.M. Aikawa held that the applicant, El-Rufai, failed to establish sufficient grounds to justify setting aside the legislative proceedings as requested.

Additionally, the judge dismissed the application for recusal, citing the applicant’s inability to provide compelling reasons or evidence to support the request, consistent with established legal precedents.

The court declined jurisdiction on the subject matter, and rather than dismissing or striking out the suit as prayed for by both counsels to the respondents, the court exercised its powers pursuant to Section 22(2) of the Federal High Court Act and transferred the suit to the Kaduna State Chief Judge for the suit to be determined by the High Court of Kaduna State.

Mr. Femi Falana (SAN) and Mr. Sani Katu (SAN) represented the first respondent, while the Attorney General of Kaduna State, Mr. Sule Shuaibu (SAN), and Mr. Jumai Danazumi represented the second respondent.

Following the judgment, lawyers who spoke with journalists hailed the ruling as a triumph for the rule of law and a shining example of judicial independence.

They said the decision sends a powerful message that the courts will remain impartial and resistant to attempts to subvert the legal process, upholding the integrity of the justice system.

According to legal experts who closely observed the proceedings, the court’s decision was a resounding victory for justice and fairness.

As previously reported by Persecondnews, El-Rufai, on June 26, initiated legal proceedings against the Kaduna State House of Assembly, contesting their claims of corruption and mismanagement of ₦432 billion that allegedly occurred during his tenure as governor.

He lodged a lawsuit at the Federal High Court in Kaduna, asserting his fundamental rights and seeking a declaration to vindicate his reputation and challenge the validity of the allegations made by the Kaduna State House of Assembly.

The suit, filed by Mr. Abdulhakeem Mustapha (SAN) and El-Rufai’s lawyer, challenged the conclusions of the Kaduna State House of Assembly’s investigative committee.

The lawsuit seeks a court order declaring the committee’s report invalid and of no legal effect.

In addition, on July 19, El-Rufai submitted a complaint to the Chief Judge of the Federal High Court in Abuja, questioning the impartiality and neutrality of Justice Rilwan Aikawa in his pending lawsuit against the Kaduna State House of Assembly and requesting his recusal from the case due to perceived bias.

Mustapha, El-Rufai’s attorney, had filed a motion to transfer the case to a new judge.

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