A suit filed by the ex-governor of Kaduna State, Mallam Nasir El-Rufai, to challenge the ad-hoc committee report of the Kaduna State House of Assembly and other declaratory reliefs has been dismissed by the Federal High Court in Kaduna.
Justice R. M. Aikawa, in a ruling dated July 30, 2024, and based on a Certified True Copy obtained on Friday by our correspondent, stated that the applicant did not provide sufficient evidence to justify setting aside the court proceedings.
El-Rufai had taken the matter to court, seeking to annul the events of July 18, 2024, alleging lack of jurisdiction and non-compliance with existing laws and regulations.
Additionally, the former governor requested a specific date for the hearing of pending applications.
However, the court deemed the reasons provided by the applicant for adjournment unjustified and consequently dismissed the application for lacking merit.
Furthermore, the court rejected the plea for the judge to recuse himself, stating a lack of substantial reasons or evidence based on previous legal precedents.
Ultimately, the court declined jurisdiction on the basis of subject matter jurisdiction.
As a result, in accordance with Section 22(2) of the Federal High Court Act, the court transferred the case to the Kaduna State Chief Judge for the High Court of Kaduna State to make a determination.
“In this instance, the applicant’s case hinges on the court’s decision to proceed with the hearing despite his absence and a letter requesting adjournment to the court’s registrar. The applicant’s counsel alleges a denial of a fair hearing.
“The court found the reasons for the adjournment request unsatisfactory in the court records. In summary, the court did not find adequate justification for an adjournment and allowed the applicant’s processes to proceed as per order 12 rule 3 of the FREPR.
“An adjournment must be warranted and is solely at the judge’s discretion to grant or deny. In this case, the court exercised its authority to deny the adjournment due to insufficient justifications.
“In my opinion, the applicant failed to meet the criteria outlined in Bello’s case and other relevant precedents. Thus, the application lacks merit and is dismissed,” stated the presiding judge.
The case, with reference number FHC/KD/CS/55/2024, was filed against the Kaduna State House of Assembly and the Attorney-General of Kaduna State.
Femi Falana (SAN) and Sani Katu (SAN) represented the first respondent, while Sule Shuaibu (SAN), AG Kaduna State, and Jummai Danazumi represented the second respondent.
The court had postponed the hearing for a case brought by the former governor against the state House of Assembly and the State Attorney General to July 17.
In June 2024, El-Rufai had filed a suit through his lawyer, Abdulhakeem Mustapha, to challenge the report of the State House of Assembly accusing him of misappropriating N423bn.
The former governor contended that he was denied his right to a fair hearing as he was not invited during the Assembly’s investigation.