N423bn Alleged Theft: El-Rufai Wants Judge To Step Down

The immediate-past Governor of Kaduna State, Nasir El-Rufai, has demanded the withdrawal of Justice Rilwan Aikawa from the suit he filed to challenge the report of the state House of Assembly that indicted him of N423bn theft.

His demand nonetheless, the judge on Thursday heard the suit and reserved judgment to a date to be communicated to the parties.

In a letter written through his lawyer,  Abdulhakeem Mustapha (SAN), to the Chief Judge of the Federal High Court, El-Rufai accused Justice Aikawa of being biased against him.

He alleged that the judge went on to hear the suit when his lawyer was not in court, thus denying him of a fair hearing.

“Upon filing the same, the matter was assigned to Honourable Justice R.M. Aikawa, who fixed the same for hearing on the 8th day of July 2024.

“When this matter was called on the 8th of July 2024, S.S. Umoru Esq appeared for the applicant while Sani Katu, SAN, appeared for the 1st respondent. Sule Shuaibu, SAN, the Honourable Attorney-General of Kaduna State, appeared in person for the 2nd respondent.

“While our Umoru Esq. informed the court that they had been served with the processes from the 2nd respondent and were still within time to respond to the same, the learned silk for the 1st respondent informed the court that they had not filed any processes and that they were out of time to do so by one day. He said their processes were being filed. By the agreement of all counsel on record, the honourable court adjourned the matter till the 17th day of July 2024.

“On the said 17th of July, 2024, our principal, A.U. Mustapha, SAN, appeared in court with S.S. Umoru Esq. and Habib Dauda, Esq, having arrived from Lagos a day earlier, but we were informed that the court would not sit. As a result, he proceeded back to Lagos.”

El-Rufai said he no longer had confidence in the judge to do justice in the matter and prayed that the case be assigned to another judge.

Meanwhile, the respondents in the suit, including the Kaduna State government and the state House of Assembly, vehemently opposed the suit and asked that it be dismissed.

Counsel for the Kaduna State House of Assembly, Femi Falana (SAN), argued that the court lacked jurisdiction to hear the matter.

On his part, the Kaduna State Commissioner of Justice,  Sule Shuaibu (SAN), and also a respondent in the suit, filed a preliminary objection, similarly challenging the jurisdiction of the court.

El-Rufai’s lawyer, Mustapha,  was not present in court.

After listening to the lawyers, Justice Aikawa said a date for judgment would be communicated to the parties involved.

Recall that an ad hoc committee set up by the Kaduna State House of Assembly to investigate all finances, loans and contracts awarded under the immediate-past governor had indicted El-Rufai and some of his appointees of siphoning N423bn state funds.

With additional reports from the Punch

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