The Abuja Division of the Court of Appeal set aside the Code of Conduct Tribunal (CCT) order suspending Muhuyi Magaji, the chairman of the Kano State Public Complaints and Anti-Corruption Commission (PCACC).
In the lead judgment read by Justice Umaru Fadawu on Friday, a three-member panel of justices also ordered that the matter be re-assigned to another panel of the CCT.
Mr Fadawu, in the verdict, agreed with the arguments of Mr Magaji’s counsel, Adeola Adedipe (SAN), that the tribunal’s order was prejudicial and amounted to his client’s denial of a fair hearing.
The CCT had, on April 4 in Abuja, ordered the suspension of Mr Magaji from office.
The three-member tribunal, headed by the embattled Justice Danladi Umar, gave the order following allegations of misconduct preferred against Mr Magaji by the Code of Conduct Bureau (CCB).
In his ruling, Justice Umar dismissed Mr Magaji’s motion and 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.
The judge further held that Mr 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, Mr Magaji, through his counsel, Mr Adedipe, approached the Abuja Division of the Court of Appeal.
In the notice of appeal dated and filed on April 5 by Mr Adedipe, the senior lawyer gave five grounds as to why the appeal should be allowed and the CCT’s ruling should be set aside by the appellate court.
He argued that the CCT erred in law when it denied his client a right to a fair trial, fair hearing and right to be presumed innocent by directing him to step aside as the chairman of PCACC, thereby determining his guilt, at an interlocutory stage.
The lawyer 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.”
Mr Adedipe further said the tribunal erred in law when it adjudged Mr 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, 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 a stay of execution of the order delivered on April 4 pending the determination of the appeal lodged at the Appeal Court.
The CCB had, on November 16, 2023, arraigned Mr Magaji before the CCT on a 10-count charge bordering on alleged conflict of interest and false declaration of assets, among others.
Mr Magaji pleaded not guilty to all the counts and was admitted to bail in the sum of N5 million with two sureties.
However, Mr Magaji, in a motion filed by Mr Adedipe, challenged the competence of the CCB to prosecute him.
(NAN)
