The Court of Appeal in Abuja has set aside an order by the Code of Conduct Tribunal (CCT) suspending Muhuyi Magaji as the chairman of the Kano State Public Complaints and Anti-Corruption Commission (PCACC) over alleged misconduct.
The three-member panel of the appellate court, in its lead judgement read by Justice Umaru Fadawu on Friday, held that Magaji was denied fair hearing during the trial and ordered that the matter be re-assigned to another panel of the CCT.
The CCT, on April 4, ordered the suspension of Magaji from office following allegations of misconduct preferred against him by the Code of Conduct Bureau (CCB).
The panel led by Justice Danladi Umar in its ruling dismissed a motion made through his lawyer, Adeola Adedipe, a Senior Advocate of Nigeria, saying the tribunal lacked the jurisdiction to hear the case.
Justice Umar 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 directed that Magaji step aside from his role while facing trial to avoid any interference with the case.
Dissatisfied, Magaji, proceeded to the appeal court to seek redress.
Adedipe on behalf of his client urged the appellate court to set aside the ruling of the CCT, citing lack of fair trial, fair hearing and right to be presumed innocent.
He argued that by directing him to step aside as the chairman of PCACC, the CCT declared him guilty at an interlocutory stage, describing the ruling as “a miscarriage of justice.”
The senior lawyer also argued that the CCT erred by giving orders to Governor Yusuf and the SSG, “knowing full well that they are not parties to the present charge as constituted.”
Adedipe further said the tribunal erred in law when it adjudged Mr Magaji as capable of interfering with the case even though no material evidence was put forward to support such a speculative claim.
Also, in a motion on notice marked; CCT/KN/01/2023 dated and filed on April 5, the senior lawyer sought an order for a stay of execution of the order delivered on April 4 pending the determination of the appeal lodged at the Appeal Court.
Recalls that the CCB had on November 16, 2023, arraigned Magaji before the CCT on a 10-count of alleged conflict of interest and false declaration of assets, among others.
The PCACC boss pleaded not guilty to the charges and was admitted to bail in the sum of N5m with two sureties.
Appeal Court Overturns CCT’s Suspension Of Kano Anti-corruption Agency Boss is first published on The Whistler Newspaper