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The Court of Appeal in Abuja has nullified the suspension of Muhuyi Magaji, Chairman of the Kano State Public Complaints and Anti-Corruption Commission (PCACC), by the Code of Conduct Tribunal (CCT).
A three-member panel led by Justice Umaru Fadawu ruled on Friday that the suspension order was prejudicial and deprived Magaji of his right to a fair hearing. The court also instructed that the case be reassigned to a different CCT panel for further proceedings.
Background of the Case
The CCT, presided over by Justice Danladi Umar, had ordered Magaji’s suspension on April 4, 2023, following allegations of misconduct brought by the Code of Conduct Bureau (CCB). The tribunal claimed jurisdiction over the matter and directed Kano State Governor Abba Yusuf and the Secretary to the State Government (SSG) to appoint an acting chairman for the PCACC.
The suspension was intended to prevent Magaji from potentially interfering with the investigation while facing trial. However, Magaji challenged the decision at the Court of Appeal, citing violations of his legal rights.
Grounds for Appeal
Represented by his counsel, Adeola Adedipe, SAN, Magaji argued that the CCT had erred in law by:
- Violating his right to fair trial: The tribunal’s order to step aside as chairman effectively presumed his guilt at a preliminary stage.
- Exceeding jurisdiction: The tribunal issued directives to non-parties, including the governor and SSG, creating a miscarriage of justice.
- Speculative conclusions: The CCT claimed Magaji could interfere with witnesses without presenting supporting evidence.
- Prejudicial findings: The tribunal made speculative rulings that compromised Magaji’s right to a fair hearing.
Adedipe filed a motion seeking to halt the implementation of the tribunal’s decisions pending the outcome of the appeal.
Court of Appeal’s Decision
The appellate court upheld the arguments presented by Adedipe, deeming the CCT’s actions both speculative and unlawful. Justice Fadawu stated that the tribunal’s findings were made without proper evidence and contravened the principle of presumed innocence.
The court also issued a consequential order for the case to be reassigned to another CCT panel for unbiased deliberation.
Charges Against Magaji
The CCB arraigned Magaji on November 16, 2023, on a 10-count charge, including allegations of conflict of interest and false asset declarations. He pleaded not guilty to all charges and was granted bail of ₦5 million with two sureties.
Magaji continues to challenge the CCB’s competence to prosecute the case, arguing that the charges are flawed.
The Court of Appeal’s decision reaffirms the importance of upholding due process and the rights of individuals facing trial.
