By Nchetachi Chukwuajah
Justice Hussaini Belgore of the Federal Capital Territory (FCT) High Court has stepped down from hearing the fundamental human rights enforcement suit filed by former Governor of Kaduna State, Nasir El-Rufai.
Justice Belgore said his plan to proceed on leave was the reason for withdrawing from hearing the case.
Following the judge’s withdrawal, the case file has been returned to the Chief Judge of the FCT High Court for reassignment.
El-Rufai, in an application filed at the FCT High Court, asked the court to strike out the charges instituted against him by the Department of State Services (DSS) and demands N2 billion in costs.
In the application filed in response to Charge No. FHC/ABJ/CR/99/2026, which is pending before the Federal High Court, El-Rufai described the case against him as incompetent and a gross abuse of court process.
The matter, which listed 17 grounds for dismissal, sought an order quashing the charge dated February 16 on the grounds that it discloses no offence known to law and constitutes an abuse of the judicial process.
The former governor also asked the court to discharge him on the basis that the charge fails to establish a prima facie case.
The motion also sought N2 billion in costs against the DSS for alleged “abuse and misuse of the court process” and the unconstitutional use of the criminal justice system to harass and embarrass him.
The court documents showed that the motion is challenging the constitutional validity of the charges, arguing that they cite offences not known to law and fail to meet statutory requirements.
Other grounds for the dismissal of the charges include alleged duplicity, absence of evidence, lack of prosecutorial competence, and claims of bad faith and political persecution.
In the application, El-Rufai further contends that the prosecution violates several constitutional provisions that breached his fundamental rights, including Section 36(5) of the 1999 Constitution, which guarantees the presumption of innocence; Section 36(11), which provides for the right against self-incrimination; Section 36(12), which requires that offences be defined in written law; as well as Sections 39, which guarantee the rights to freedom of expression and Section 40, which guarantees freedom of association.
