Former governor of Kaduna State, Mallam Nasir El-Rufai has written the Chief Judge of the Federal High Court, Justice John Tsoho, seeking the transfer of the case between him and the state government.
El-Rufai, through his Counsel, AbdulHakeem Mustapha, SAN, told the court that he no longer trust the ability of Justice Rilwa Aikawa, to do Justice in the matter.
He said, “In view of the foregoing, we humbly apply for a 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’s application, the average man on the street could see which way the Judge is headed.”
The former governor had approached the Kaduna Division of the Court and filed a fundamental rights enforcement suit against the Kaduna State House of Assembly and the Kaduna State Government.
In the suit, the former governor is seeking N1billion damages.
Counsel to the former governor, Mustapha, said his client approached the court as a Nigerian citizen who is entitled to be given a fair hearing before his rights can be determined by a quasi-judicial or investigative body or courts in line with the provisions of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) and the African Charter on Human and Peoples Rights.
In the suit, El-Rufai is praying the court to declare that by the provisions of Section 36 of the Constitution of the Federal Republic of Nigeria, 1999, the Report of the Ad-Hoc 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.