Court Declines Jurisdiction in El-Rufai’s Fundamental Rights Suit

The Federal High Court in Kaduna has in a landmark ruling, declined jurisdiction in the suit filed by the former Governor of Kaduna State, Mallam Nasir Ahmad El-Rufai, seeking to set aside the indictment report of alleged corruption amounting to over N423 billion by the Adhoc Committee of the Kaduna State House of Assembly among other declaratory reliefs.

Delivering two separate rulings before the judgement, Justice R.M. Aikawa held that the applicant failed to prove any of the circumstances that would warrant setting aside the proceedings of the court as sought for by the applicant and furthermore, dismissed the application for the judge to recuse himself having failed to provide cogent reasons or facts for the court to do so, as decided by the plethora of decided cases.

Overall, 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 sequel 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 the State.

Femi Falana, SAN with Sani Katu, SAN were counsel to the 1st respondent, while Sule Shuaibu, SAN, Attorney-General of Kaduna State with Jummai Danazumi, Esq were counsels to the 2nd Respondent.

A cross-section of lawyers briefed the newsmen after the judgment, stating that the ruling should be seen as a victory for the rule of law and a testament to the independence of the judiciary.

“It sends a strong message that the courts will not be swayed by attempts to undermine the legal process,” one of them added.

The case has been closely watched by legal experts and observers, who praised the court’s decision as a triumph of justice and fairness.

Emmanuel Ukoh