Appeal Court Orders Fresh Hearing in El-Rufai Fundamental Rights Case

Appeal Court Orders Fresh Hearing in El-Rufai Fundamental Rights Case

The Kaduna Division of the Court of Appeal has ordered a fresh hearing in the fundamental rights suit filed by former Kaduna State Governor Nasir El-Rufai, after nullifying a previous judgment of the Federal High Court (FHC) in Kaduna for breaching his right to fair hearing.

In its ruling delivered on March 17, 2026, the appellate court held that the July 30, 2024 judgment of the FHC violated El-Rufai’s constitutional right to fair hearing, as guaranteed under Section 36(1) of the Nigerian Constitution.

The Court of Appeal consequently set aside the earlier decision and directed the Chief Judge of the Federal High Court, Justice John Tsoho, to reassign the case for a de novo (fresh) hearing before a different judge.

El-Rufai had approached the Federal High Court in Kaduna following his indictment by the Kaduna State House of Assembly over alleged financial irregularities amounting to about N400 billion. He argued that the Assembly’s ad-hoc committee, set up to probe loans, contracts, and financial transactions of the state government between May 29, 2015, and May 29, 2023, denied him a fair opportunity to defend himself.

According to him, although about 70 individuals were invited and appeared before the committee, he was never invited at any stage before the committee concluded its work and issued a report that indicted him.

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He subsequently challenged both the findings of the Assembly and the actions of the Attorney-General of Kaduna State, alleging a violation of his fundamental human rights, particularly the right to fair hearing.

The Federal High Court had earlier declined jurisdiction over the matter and transferred it to the Kaduna State High Court, a decision that became part of the issues raised on appeal.

In its judgment, the Court of Appeal panel comprising Justices Onyekachi Aja Otisi, Abimbola Obaseki-Adejumo, and Sybil Nwaka Gbagi found merit in El-Rufai’s appeal.

Delivering the lead judgment, Justice Otisi stated that the proceedings at the lower court amounted to a denial of fair hearing and therefore rendered the entire judgment a nullity.

The court emphasised that the lower court had a duty to ensure justice was done in accordance with the law and that failure to afford a party the opportunity to be heard invalidates any subsequent decision, regardless of how the proceedings were conducted.

The appellate court further held that since the right to fair hearing was breached, the proceedings of July 18, 2024, as well as the judgment delivered on July 30, 2024, were legally defective and could not stand.

With the nullification, the Court of Appeal ordered that the case be returned to the Federal High Court for retrial before another judge, and directed that each party bear its own costs.

The ruling effectively resets the legal battle between El-Rufai and the Kaduna State House of Assembly, allowing both sides to present their arguments afresh under proper judicial procedure.

Legal analysts say the decision underscores the judiciary’s firm stance on due process and constitutional safeguards, particularly the importance of fair hearing in adjudication.

The case is expected to return to the Federal High Court once reassigned, where substantive arguments will be reheard in line with the appellate court’s directive.

Appeal Court Orders Fresh Hearing in El-Rufai Fundamental Rights Case