A former governor of Kaduna State, Nasir El-Rufai, has petitioned a Kaduna Federal High Court Judge, Justice Rilwanu Aikawa, before the Chief Judge of the Federal High Court of Nigeria, Justice John Tsoho over alleged gross bias, injustice and denial of fair hearing.
El-Rufai, through his counsel, Adetayo Adeyemo, in a petition dated Thursday, July 18 2024, asked the Chief Judge, to transfer his fundamental human rights suit marked FHC/KD/CS/55/2024, which is before Justice Aikawa to another judge in the interest of justice.
The former governor, in the petition, said after the suit was filed on June 26, 2024, the court proceeded to fix July 8 for a hearing of the matter.
He said at the commencement of the hearing, the applicant’s counsel, S.S Umoru, informed the court that all parties in the suit had been served and still within time to file their responses.
El-Rufai said the 1st respondent’s counsel, Sule Shaibu (SAN), however, told the court that they had not filed their response and were out of time to do so by one day.
He noted that the matter was subsequently adjourned till July 17, and the applicant’s (El-Rufai) principal counsel, A.U Mustapha (SAN), who had travelled from Lagos to Kaduna to represent his client in the matter slated for the purported adjourned date, was told the court would not be sitting and as a result proceeded back to Lagos.
He said, “On the night of July 17, we got the information in the news that the matter was fixed for July 18”.
El-Rufai said in view of the extremely short notice, they filed for an adjournment in court and served the court and all the parties in the suit.
The applicant, however, alleged that despite the letter of adjournment, the court presided over the matter the next day without putting the applicant on notice.
El-Rufai said the respondents adopted their processes and participated further in the matter without the attendance and appearance of the applicant.
He noted that this act “smacks of extreme bias, injustice and denial of fair hearing against the applicant”.
He said, “The applicant was not put on notice for the proceedings of July 18 2024, as expressly explained in the letter of adjournment. We only got a whiff of the hearing on the night of July 17, which is an extremely short time for us to appear in court. Service of hearing in a matter is sacrosanct and our courts have held severally that every party must be put on notice before his case can be heard.
“In view of the foregoing, we humbly apply for the transfer of this matter from the trial court presided over by honourable Justice R.M Aikawa whereby the relevant applications can be heard as the applicant has lost all confidence in the judge to continue to hear and determine the matter. Justice must not only be done but must be seen to be done.
“Having expressly refused to put the applicant on notice before hearing the matter and proceeding to hear same when the applicant was still within time, to respond to the 1st respondent application, the average man on the street could see which way the judge is headed.”
The former governor also alleged he was not given the opportunity to respond to the 1st respondent’s counter-affidavit and written address.
