A Federal High Court sitting in Kaduna has declined jurisdiction in the suit filed by Nasir El-Rufai, a former governor of the state against the Kaduna 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 N423b was diverted during his eight-year administration as governor of Kaduna state.
Joined in the suit is the Kaduna state government.
The house, had in April, set up a 13-member committee to
investigation of loans, financial transactions, contractual liabilities and other related matters of the Kaduna state government of from 29 May 2015 to 29 May 2023, during which el-Rufai’s 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 29 May 2015 to 29 May 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 counsels 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 the that his suit be reassigned to another judge.
John Shiklam
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