El-Rufai’s Fundamental Rights Suit: Court declines jurisdiction

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

While declaring two separate rulings before the judgment, Hon. 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 by the Applicant and 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 a plethora of decided cases.

The court declined jurisdiction on subject matter jurisdiction 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 Kaduna State.

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

In an interview with some lawyers after the judgment, they said 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,” it was said.

Legal experts who followed what transpired, believed that he court’s ruling was a triumph of justice and fairness