By By Elizabeth Ugbo
The Court of Appeal in Kaduna, on March 17, nullified a Federal High Court judgment in a suit filed by Nasir El-Rufai, ruling that the trial breached his right to fair hearing and ordering a fresh trial before another judge.
Background of the Case
The dispute began after the Kaduna State House of Assembly investigated financial activities of the state government from 2015 to 2023.
An ad hoc committee later indicted El-Rufai over alleged N400 billion fraud.
However, El-Rufai challenged the process. He argued that the panel never invited him despite inviting about 70 individuals.
The Federal High Court declined jurisdiction and transferred the matter to the Kaduna State High Court. Consequently, he filed an appeal.
Key Issue Before the Court
In the lead judgment, Justice Onyekachi Otisi identified the core issue clearly.
The court examined whether the trial court had jurisdiction without proper service of hearing notice.
Importantly, the appellate court found no credible proof that El-Rufai received any hearing notice.
Court Ruling on Service of Process
The court stressed that service of court processes is fundamental.
It ruled that jurisdiction depends on proper service.
Furthermore, the judges rejected claims that a text message served as valid notice.
They noted inconsistencies in the phone numbers used.
The court also criticised reliance on oral statements by a registrar without documentary proof.
Concurring Judgments
Both Justice Abimbola Obaseki-Adejumo and Justice Sybil Gbagi agreed with the lead judgment.
Justice Obaseki-Adejumo emphasised that courts must demand proper proof of service.
She warned against relying on assumptions or unsupported registrar claims.
Justice Gbagi described the appeal as meritorious and supported the retrial order.
Violation of Fair Hearing
The appellate court found serious procedural violations.
It noted that the trial court heard and decided the case on the same day.
This action denied the appellant time to respond.
The court stressed that parties deserve at least five days to reply on points of law.
Therefore, the trial court acted without discretion to shorten that period.
Court Declares Proceedings Null and Void
The court declared the entire proceedings invalid.
It held that failure to serve hearing notice undermines the case completely.
As a result, the judgment delivered on July 30, 2024, was set aside.
The court ordered a fresh hearing before a different Federal High Court judge.
Each party will bear its own costs.
Legal Implications
This ruling reinforces a key legal principle.
Courts must uphold fair hearing above speedy case resolution.
Proper service of process remains essential to jurisdiction.
Without it, even well-conducted proceedings become null.
