Court Dismisses El-Rufai’s Suit Challenging Kaduna Assembly’s Report

The Federal High Court in Kaduna has dismissed a lawsuit filed by the former governor of the state, Mallam Nasir El-Rufai, which sought to nullify the ad-hoc committee report of the Kaduna State House of Assembly, along with other declaratory reliefs.

In a ruling delivered on July 30, 2024, with a Certified True Copy obtained by our correspondent on Friday, Justice R. M. Aikawa concluded that the applicant failed to demonstrate any valid grounds to justify overturning the court’s previous proceedings EKO HOT BLOG reports.

El-Rufai had requested the court to set aside the proceedings of July 18, 2024, arguing a lack of jurisdiction and non-compliance with relevant laws and procedures. He also sought an order to schedule a hearing for all pending applications.

However, the court determined that the reasons provided by El-Rufai for seeking an adjournment were unfounded, leading to the dismissal of his application due to a lack of merit. The court also rejected his request for the judge to recuse himself, citing insufficient grounds, as supported by numerous previous cases.

Ultimately, the court declined jurisdiction based on subject matter jurisdiction. Consequently, the court exercised its authority under Section 22(2) of the Federal High Court Act, transferring the case to the Chief Judge of Kaduna State for adjudication by the High Court of Kaduna State.

In the ruling, the judge noted, “The applicant’s request was based on the court’s decision to proceed with the hearing in his absence, despite a letter requesting adjournment.

The court found the reasons for adjournment unconvincing and therefore deemed the applicant’s processes adopted under Order 12 Rule 3 of the FREPR.

Adjournments must be justified, and the judge has the discretion to grant or refuse them. In this case, the court found no justifiable reason for adjournment and exercised its discretion to refuse it.

The applicant has not proven any of the conditions outlined in Bello’s case or other related cases. The application is thus without merit and is dismissed.”

The case, numbered FHC/KD/CS/55/2024, was brought against the Kaduna State House of Assembly and the Attorney-General of Kaduna State. The first respondent was represented by Femi Falana (SAN) and Sani Katu (SAN), while the second respondent was represented by Sule Shuaibu (SAN), the Attorney General of Kaduna State, and Jummai Danazumi.

The court had previously adjourned the hearing of the suit, initiated by the former governor against the state House of Assembly and the Attorney General, to July 17.

In June 2024, El-Rufai urged the court to annul the Assembly’s report accusing him of embezzling N423 billion. He claimed, through his lawyer Abdulhakeem Mustapha, that the Assembly violated his right to a fair hearing by not summoning him during the investigation.