The Kaduna Division of the Court of Appeal has directed the Federal High Court (FHC), Kaduna Division to rehear former Kaduna State Governor Nasir El-Rufai’s application seeking enforcement of his fundamental rights against the Kaduna State House of Assembly.

The appellate court ruled that the FHC’s earlier judgment of July 30, 2024, violated El-Rufai’s right to fair hearing and therefore nullified the decision. The matter has been remitted to the Chief Judge of the FHC, Justice John Tsoho, for reassignment and a fresh hearing before another judge.

El-Rufai had approached the FHC after being indicted by the Kaduna State House of Assembly over alleged N400 billion fraud, claiming that the Assembly’s ad-hoc committee investigated government loans, contracts, and financial transactions from May 29, 2015, to May 29, 2023, without inviting him until after issuing its final report. He argued this violated his constitutional right to fair hearing under Section 36(1) of the Constitution.

In delivering the March 17, 2026 lead judgment, Justice Onyekachi Aja Otisi, with concurrence from Justices Abimbola Obaseki-Adejumo and Sybil Nwaka Gbagi, held that the lower court’s refusal to hear El-Rufai’s application amounted to a denial of his fundamental rights.

“The proceedings and judgment of the lower court of July 18 and 30, 2024, being in breach of the appellant’s right to fair hearing, are hereby set aside as nullities,” the judgment read.

The Court of Appeal ordered that the case be reheard de novo before another judge, with parties bearing their own costs.