Inside Details Of How Court Declined Jurisdiction on El-Rufai’s Fundamental Rights Suit

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By Abiola Olawale

The Federal High Court sitting in Kaduna has declined jurisdiction on a lawsuit filed by the former Governor of Kaduna State, Mallam Nasir El-Rufai, against the Kaduna State House of Assembly.

The Court presided over by Justice R.M. Aikawa, gave two separate rulings on the lawsuit challenging an Adhoc Committee report of the Kaduna State House of Assembly.

Aikawa, in his ruling, held that El-Rufai failed to prove any of the circumstances that would warrant the court to set aside the ad-hoc report of the Kaduna State House of Assembly, which nailed his corruption allegations.

The court also struck out the application for the judge to recuse himself, citing the applicant’s failure to provide convincing reasons or facts for the court to do so, as determined by a plethora of decided cases.

Also, the court declined jurisdiction rather than dismissing or striking out the suit, as prayed for by both counsels to the respondents.

Justice Aikawa further ruled that the case would be transferred to the Kaduna State Chief Judge for determination by the High Court of Kaduna State, under Section 22(2) of the Federal High Court Act and transferred the suit

The New Diplomat reports that radical human rights activist and Senior Advocate of Nigeria (SAN) Femi Falana and Sani Katu, SAN, were counsels to the 1st respondent, while Sule Shuaibu, SAN, Attorney General of Kaduna State and Jummai Danazumi, Esq., were counsels to the 2nd respondent.

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