In a landmark ruling, the Federal High Court in Kaduna has declined jurisdiction in the suit filed by the immediate past governor of Kaduna State, Mallam Nasir Ahmad El-Rufai, seeking to set aside the indictment of the Ad hoc Committee report of the Kaduna State House Assembly over alleged corruption, among other declaratory reliefs.
Delivering two separate rulings prior to the judgment, Hon. Justice R.M. Aikawa held that the applicant failed to prove any circumstances warranting the setting aside of the court’s proceedings as sought by the applicant. Furthermore, the court dismissed the application for the judge to recuse himself, as the applicant failed to provide cogent reasons or facts for the court to do so, in line with a plethora of established cases.
Overall, the court declined subject matter jurisdiction. Instead of dismissing or striking out the suit as requested by both counsels for the respondents, the court exercised its powers under Section 22(2) of the Federal High Court Act and transferred the suit to the Chief Judge of Kaduna State for determination by the state’s High Court.
Femi Falana, SAN, and Sani Katu, SAN, represented the first respondent, while Sule Shuaibu, SAN, the Attorney-General of Kaduna State, and Jummai Danazumi, Esq., represented the second respondent.
A cross-section of lawyers briefed journalists after the judgment, stating that the ruling should be viewed 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 the counsels commented.
The case has been closely monitored by legal experts and observers, who praised the court’s decision as a triumph of justice and fairness.
