Former Kaduna state Governor Nasir el-Rufai has filed a lawsuit against Kaduna State House of Assembly and Kaduna state government, challenging the report of an alleged N432 billion fraud investigated by the House’s ad-hoc committee.
Listed as respondents alongside the state legislature is the state Attorney General and Commissioner for Justice.
El-Rufai, in the suit filed by his lawyer, Abdulhakeem Usman Mustapha (SAN) at the Federal High Court Kaduna, faulted the report of the ad-hoc committee of the state assembly indicting him and some of his aides for alleged corruption and mismanagement of fund, while seeking the enforcement of his fundamental human right of fair hearing.
The former governor prayed the court to declare the report a nullity since, according to him, he was not given a fair hearing.
The former governor, who was physically present at the court, was accompanied by some of the commissioners who served in his government, such as former Commissioner for Human Services and Social Development, Hafsat Mohammed Baba, former Commissioner for Environment, Hon. Ibrahim Hussaini, and former Head of Service, Hajiya Bara’atu Mohammed among others.
…Genesis
Governor Uba Sani had on March 30, 2024, told a town hall meeting that the state faced a substantial debt burden of $587 million, N85 billion, and 115 contractual liabilities inherited from the previous administration. “This has led to over 70% of the state’s allocation being used to service the inherited debt,” Sani had said.
And in a swift response, the state legislature constituted an ad-hoc committee to investigate the state’s financial transactions from May 29th, 2015 to May 29th, 2023.
The committee, led by Barrister Henry Danjuma Magaji, submitted its findings June 5th, 2024, revealing alleged significant unaccounted funds and irregularities in financial transactions.
The report indicated mismanagement of funds, diversion of loans, overpayment of contractors, and lack of transparency in the usage of state funds.
The Kaduna State House of Assembly adopted the report and indicted former governor el-Rufai and several of his aides for allegedly siphoning N423 billion.
…Ex-governor sues lawmakers
And moving to save his integrity in the suit filed Wednesday to enforce his fundamental human right, the former governor asked the court “an order of perpetual injunction restraining the Respondents by themselves, their officers, servants, agents, and privies from further violating the right to a fair hearing of the Applicant in the guise of investigating loans, financial transactions, contractual liabilities, and other related matters of the government of Kaduna State from 29th May 2015 to 29th May 2023.
“An order mandating the 1st Respondent to pay the sum of N1,000,000,000.00 (One Billion Naira Only) as damages to the Applicant for breaching his Fundamental Human Rights on account of not affording the Applicant fair before making far-reaching recommendation against him.
“An order or ordersas the Honourable Court may deem fit to make in the circumstances of the Application.”
The suit filed by the ex-governor’s lawyer, Abdulakeem Usman Mustapha(SAN), also sought a declaration “that the Applicant as a Nigerian citizen is entitled to be given a fair hearing before his rights can be determined by an administrative or quasi-judicial or judicial or legislative body, 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.
“A Declaration that the Ad-Hoc Committee on Investigation of Loans, Financial Transactions, Contractual Liabilities and Other Related Matters of the Government of Kaduna State from 29th May 2015-29th May, 2023 empaneled by the Kaduna State House of Assembly on the 16th of April 2024 which investigated the loans, financial transactions, commercial liabilities and other related matters and called and examined witnesses, took documentary evidence and made broad raging recommendations acted as a quasi-judicial and investigative body/tribunal within the meaning and purview of Section 36 (1) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended).
“A Declaration that by a community reading of sections 4, 128, 129 of the Constitution of the Federal Republic of Nigeria, 1999 (As Altered), the Kaduna State House of Assembly cannot validly conduct investigations which affect or indict the Applicant without affording the Applicant the opportunity to be heard.
“A Declarationthat the willful and deliberate failure/neglect/refusal by the Ad- Committee on Investigation of Loans, Financial Transactions, Contractual Liabilities and Other Related Matters of the Government of Kaduna State from 29th May, 2015-29th May 2023 empaneled by the Kaduna State House of Assembly on the 16th of April 2024 to invite and hear from the Applicant before indicting him, labeling him a fraud and making broad raging recommendations against him without giving him a fair hearing is a gross, clear and blatant breach of his Fundamental Human Rights to fair hearing guaranteed by Section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended) and Article 7of African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004.
“A Declaration that by the provisions of section 36 of the Constitution of the Federal Republic of Nigeria, 1999 As Altered, 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 29th MAY, 2015 to 29TH MAY, 2023 and subsequent ratification by the Kaduna State House of Assembly is unconstitutional and therefore null and void for violating the Applicant’s Right to Fair Hearing as guaranteed under the Constitution.
“A declarationthat all the wide-ranging decisions and recommendations made against the Applicant by the Respondent without inviting and hearing from the Applicant in line with the provisions of the Constitution and the African Charter on Human and Peoples’ Rights are clear breach of the Applicant’s Fundamental Human Rights to fair hearing guaranteed under Section 36 of the Federal Republic of Nigeria, 1999 (As Amended) and Article 7 of African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004.”
…Ground of reliefs
Listing his grounds of reliefs, the ex-governor said: “By Section 36(1) of the Constitution of the Federal Republic of Nigeria, 1999 (As Amended), every Nigerian is entitled to a fair hearing in determining his rights by Courts or Tribunals.
“Article 7 of the African Charter on Human and Peoples’ Rights (Ratification and Enforcement) Act, Cap A9, Laws of the Federation of Nigeria, 2004, states that every individual is entitled to be heard in his cause.
“On the 16th of April 2024, the Kaduna State House of Assembly set up an Ad-Hoc Committee on the Investigation of Loans, Financial Transactions, Contractual liabilities, and Other Related Matters of the Government of Kaduna State from 29th May 2015-29th May 2023 to investigate the loans, financial transactions, commercial liabilities and other related matters of the State Government.
“The said Ad-Hoc Committee invited an avalanche of witnesses, took their written and oral testimonies, received documents from them, etc., under their powers to summon and examine witnesses.
“At the end of its sittings, the committee arrived at its findings in a Report which was adopted by the 1st Respondent on the 5th of June 2024 during its proceedings.”
…Affidavit
In a supporting affidavit, he said “the committeedeliberately failed/refused/neglected to list me as the former Governor of the State amongst the invited persons. It did not invite me or hear from me but still went ahead to conclude its activities and deliberations.
“At the end of their sittings, hearings, and deliberations, the Committee issued their final Report which was presented and adopted by the 1st Respondent during its proceedings of 5th of June 2024 wherein they made several Recommendations, Decisions, and Orders totaling twenty-six (26).
“I know that most of the Recommendations, Decisions, and Orders were targeted against me one way or the other. Still, the Recommendations, Decisions, Directives, and Orders at number 26 on page 174 of the Report were all directed against me wherein I was accused of fraud and diversion of public funds and labeled a money launderer.”