In a landmark ruling, the Federal High Court in Kaduna has declined jurisdiction in the suit filed by the immediate-past governor of Kaduna State, Mallam Nasir Ahmad El-Rufai, seeking to set aside the indictment of the Adhoc Committee report of the Kaduna State House Assembly over alleged corruption, among other declaratory reliefs.
Delivering two separate rulings before the judgsment, Hon. Justice R.M. Aikawa held that the applicant failed to prove any of the circumstances that would warrant setting aside the proceedings of the court as sought for by the Applicant and furthermore, dismissed the application for the judge to recuse himself having failed to provide cogent reasons or facts for the court to do so as decided by plethora of decided cases.
On the whole, the court declined jurisdiction on the subject matter jurisdiction and rather than dismissing or striking out the suit as prayed for by both counsels to the Respondents, the court exercised its powers sequel to Section 22(2) of the Federal High Court Act and transfered the suit to the Kaduna State Chief Judge for the suit to be determined by the High Court of the State.
Femi Falana, SAN with Sani Katu, SAN were counsel to the 1st respondent, while Sule Shuaibu, SAN, Attorney-General of Kaduna State with Jummai Danazumi, Esq were counsels to the 2nd Respondent.
A cross-section of lawyers briefed journalists after the judgement that 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 the counsels added.
