Court Declines El-Rufai’s Suit Against Kaduna Assembly for Lack of Jurisdiction

John Shiklam in Kaduna

A Federal High Court sitting in Kaduna has declined jurisdiction in the suit filed by a former governor of Kaduna State, Nasir El-Rufai, against the state House of Assembly.

El-Rufai had on June 26, through his counsel, Abubakar Mustapha (SAN), filed the suit over allegations by the house that N423 billion was diverted during his eight-year administration as governor of the state.

Joined in the suit is the Kaduna State government.

The house, had in April, set up a 13-member committee to investigate loans, financial transactions, contractual liabilities and other related matters of the Kaduna State government from May 29, 2015 to May 29, 2023, during which El-Rufai was governor.

The committee, in its report adopted by the lawmakers, said N423 billion was siphoned by the El-Rufai’s administration, leaving the state with huge liabilities.

The report also said most of the loans obtained and projects implemented did not follow due process.

It recommended that the former governor and some of the commissioners and officials who served under him be investigated and prosecuted.

El-Rufai had approached the court for the enforcement of his fundamental rights against the house and the Kaduna State government.

He prayed the court to declare that by the provisions of Section 36 of the Constitution of the Federal Republic of Nigeria, the report of the committee on investigation of loans, financial transactions, contractual liabilities and other related matters of the Government of Kaduna State from May 29, 2015 to May 29, 2023, as ratified by the Kaduna State House of Assembly, is unconstitutional and therefore null and void for violating his right to fair hearing as guaranteed under the constitution.

However, in the judgment delivered on July 30, the presiding judge, R.M. Aikawa, declined jurisdiction on the matter.

The judge, rather than dismissing or striking out the suit as requested by both counsel to the two respondents, transferred the case to the Kaduna State Chief Judge for determination.

Aikawa also dismissed the applicant’s application asking him to recuse himself, saying the applicant failed to provide cogent reasons or facts in that regards.

In July, the former governor petitioned the Chief Judge of the Federal High Court, John Tsoho, accusing Aikawa of bias, asking that his suit be reassigned to another judge.