By Milcah Tanimu
A Federal High Court in Kaduna has decided not to hear the lawsuit filed by former Kaduna State Governor Nasir El-Rufai against the Kaduna State House of Assembly, citing lack of jurisdiction.
El-Rufai’s suit, filed on June 26 through his lawyer, Abubakar Mustapha (SAN), was in response to allegations by the assembly that N423 billion was misappropriated during his tenure. The Kaduna State government was also named in the case.
In April, the state assembly established a 13-member committee to investigate financial dealings, loans, and other matters related to the state government’s activities from May 29, 2015, to May 29, 2023, the period of El-Rufai’s governorship. The committee’s report, which was adopted by the assembly, accused El-Rufai’s administration of siphoning N423 billion, leaving the state with significant liabilities. The report also alleged procedural lapses in the management of loans and projects, recommending investigations and possible prosecution of El-Rufai and his former officials.
El-Rufai sought the court’s intervention to enforce his fundamental rights, arguing that the assembly’s investigation report violated his constitutional right to a fair hearing as guaranteed under Section 36 of the Nigerian Constitution. He requested the court to declare the report unconstitutional and void.
On July 30, Judge R.M. Aikawa ruled that the court lacked jurisdiction over the matter and instead transferred the case to the Kaduna State Chief Judge for further determination. The judge also dismissed El-Rufai’s request for Aikawa to recuse himself from the case, finding no substantial grounds for bias.
In July, El-Rufai had petitioned the Chief Judge of the Federal High Court, John Tsoho, alleging bias on the part of Aikawa and requesting that the case be reassigned to another judge.
