Former Kaduna State Governor, Nasiru Ahmad El-Rufa’i, has filed a petition with the Chief Judge of the Abuja Federal High Court, alleging bias against Justice Rilwan M. Aikawa, who is presiding over his case against the Kaduna State House of Assembly.
El-Rufa’i’s counsel, Abdulhakeem Mustapha (SAN), submitted the petition at the Federal High Court in Abuja, citing bias, injustice, and denial of a fair hearing.
El-Rufa’i’s petition requests the transfer of his case to another judge to ensure justice.
The document outlines several grievances with Justice Aikawa’s handling of the case, which El-Rufa’i filed to enforce his fundamental human rights to a fair hearing.
The case concerns accusations by the Kaduna State House of Assembly that El-Rufa’i and other officials misappropriated ₦423 billion.
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The petition details events that transpired during the hearings.
On July 8, 2024, El-Rufa’i’s representative, S.S. Umoru, and the respondents’ counsels appeared in court.
The case was adjourned to July 17, 2024, by mutual agreement. However, on July 17, the court did not sit, and El-Rufa’i’s principal counsel, A.U. Mustapha, SAN, had to return to Lagos.
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Unexpectedly, the court rescheduled the hearing for July 18, 2024. El-Rufa’i’s legal team was informed of this new date late on July 17, prompting them to request an adjournment due to the short notice.
Despite this, the court proceeded with the hearing on July 18 without El-Rufa’i’s representation, during which the respondents adopted their processes and further argued their case.
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El-Rufa’i’s petition argues that the lack of notice for the July 18 hearing denied him a fair chance to respond to the respondents’ counter affidavit and written address.
The petition highlights that the respondents filed their processes late and applied for an extension of time, which was granted on July 18.
According to Order 11 Rule 7 of the Fundamental Human Rights (Enforcement Procedure) Rules 2009, El-Rufa’i should have been allowed five days to respond.
El-Rufa’i initially filed the case in June 2024, challenging the Assembly’s report on the grounds of unfair hearing.
He requested the court to declare the report null and void.
El-Rufa’i’s petition underscores his belief that the court’s actions display extreme bias and injustice, thereby undermining his right to a fair hearing.
