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The Federal High Court sitting in Kaduna has declined jurisdiction in the suit by a former Governor of Kaduna State, Mallam Nasir Ahmad El-Rufai, seeking to set aside the Ad-hoc Committee report of the Kaduna State House Assembly among other declaratory reliefs.
Declaring rulings before the judgment, 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 by the applicant.
He, therefore, 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 a plethora of decided cases.
The court declined jurisdiction on subject matter's jurisdiction and rather than dismissing or striking out the suit as prayed for by both counsel to the respondents, the court exercised its powers sequel to Section 22(2) of the Federal High Court Act and transferred the suit to the Kaduna State Chief Judge for the suit to be determined by the High Court of Kaduna State.
Femi Falana, SAN with Sani Katu, SAN were counsel for the 1st respondent, while Sule Shuaibu, SAN, Attorney General of Kaduna State with Jummai Danazumi, Esq were counsel for the 2nd respondent.
Some legal experts described the ruling as victory for the rule of law, adding that, “It sends a strong message that the courts will not be swayed by attempts to undermine the legal process."
