El-Rufai’s Fundamental Rights Suit Suffers Defeat as Court Declines Jurisdiction

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

Delivering 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 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 plethora of decided cases.

On the whole, the court declined jurisdiction on subject matter jurisdiction and rather than dismissing or striking out the suit as prayed for by both counsel to the Respondents, the court exercised its powers sequel to Section 22(2) of the Federal High Court Act and transfered 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 counsel to the 1st respondent, while Sule Shuaibu,SAN, AG Kaduna State with Jummai Danazumi, Esq were counsel to the 2nd Respondent.

A cross-section of lawyers briefed newsmen after the judgment 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.