Court declines jurisdiction in El-Rufai’s fundamental rights suit

From Femi Oyelola Kaduna

A Federal High Court in Kaduna, has declined jurisdiction in the suit brought by Mallam Nasir Ahmad El-Rufai, who sought to set aside the Adhoc Committee report of the Kaduna State House of Assembly, among other declaratory reliefs.
Delivering two separate rulings before the judgment, Hon. Justice R.M. Aikawa held that the applicant failed to prove any circumstances that would warrant setting aside the court’s proceedings as requested by the applicant.
Also, the judge dismissed the application for recusal, as the applicant failed to provide cogent reasons or facts for the court to do so, as established by a plethora of decided cases.
Overall, the court declined jurisdiction on the subject matter and, rather than dismissing or striking out the suit as requested by counsel to the respondents, exercised its powers under Section 22(2) of the Federal High Court Act and transferred the case to the Kaduna State Chief Judge for determination by the High Court of Kaduna State.
Femi Falana, and Sani Katu, represented the 1st respondent, while Sule Shuaibu, AG of Kaduna State, along with Jummai Danazumi, , represented the 2nd respondent.
According to lawyers who briefed newsmen after the judgment, the ruling should be seen 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 them added.
Our correspondent reports that the case has been closely watched by legal experts and observers, who praised the court’s decision as a triumph of justice and fairness.