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The Court of Appeal in Abuja on Friday, set aside the order of the Code of Conduct Tribunal, CCT, suspending Muhuyi Magaji, the Chairman, Kano State Public Complaints and Anti-Corruption Commission, PCACC.
A three-member panel of justices, in the lead judgment read by Justice Umaru Fadawu, also ordered that the matter be re-assigned to another panel of the CCT.
Justice Fadawu, in the verdict, agreed with the arguments of Magaji’s counsel, Adeola Adedipe, SAN, that the tribunal’s order was prejudicial and amounted to his client’s denial of fair hearing.
According to News Agency of Nigeria, the CCT had, on April 4 in Abuja, ordered the suspension of Magaji from office.
The three-member tribunal, headed by the embattled Justice Danladi Umar, gave the order following allegations of misconduct preferred against Magaji by the Code of Conduct Bureau, CCB.
In his ruling, Justice Umar, who dismissed Magaji’s motion, held that the tribunal had the competence and jurisdiction to hear the case.
He further directed Governor Abba Yusuf of Kano State and the Secretary to the State Government, SSG, to appoint the most appropriate officer to take over as acting chairman of the commission, pending the hearing and determination of the case.
He further held that Magaji cannot continue to discharge the duties and responsibilities of his office while facing trial, to avoid any interference with the case.
But dissatisfied with the ruling, Magaji, through his counsel, Mr Adedipe, approached the Court of Appeal, Abuja.
In the notice of appeal dated and filed April 5 by Adedipe, the senior lawyer gave five grounds why the appeal should be allowed and the CCT’s ruling be set aside by the appellate court.
He argued that the CCT erred in law, when it denied his client a right to fair trial, fair hearing and right to be presumed innocent, by making an order directing him to step aside as the chairman of PCACC, thereby determining his guilt, at an interlocutory stage.
He described the ruling as “a miscarriage of justice.”
He also argued that the tribunal erred in law, when without the requisite jurisdiction, it granted the reliefs sought by CCB, giving specific orders to Governor Yusuf and SSG, “knowing full well that they are not parties to the present charge as constituted; it thereby occasioned a miscarriage of justice.”
He further said that the tribunal erred in law when it adjudged Magaji as capable of interfering with CCB’s witnesses in PCACC, even though no material evidence was put forward to support such a speculative claim.
The lawyer argued that the tribunal erred in law when it acted without jurisdiction and denied the embattled PCACC boss of a right to fair trial by making far-reaching findings which were speculative and prejudicial in nature.
Moreover, Mr Adedipe submitted that the CCT erred in law, acted without jurisdiction and denied Magaji a right to fair hearing, when suo motu, it raised and determined issues of purported contradictions his counter affidavit, and further insisted he conceded to the speculative facts in CCB’s further and better affidavit.
Adedipe, in a motion on notice with charge number: CCT/KN/01/2023 dated and filed on April 5 before the tribunal, also sought an order for stay of execution of the order delivered on April 4 pending the determination of the appeal lodged at the Appeal Court.
Besides, he also sought an order of injunction restraining the CCB from executing, implementing the orders and decisions made by the tribunal, pending the hearing and determination of the appeal.
The CCB had, on Nov. 16, 2023, arraigned Magaji before the CCT on a 10-count charge bordering on alleged conflict of interest, false declaration of assets, among others.
Mr Magaji, who pleaded not guilty to all the counts was admitted to bail in the sum of N5 million with two sureties.
However, Mr Magaji in a motion filed by Adedipe, challenged the competence of the CCB to prosecute him..
