Muhuyi Magaji, the chairman of the Kano State Public Complaints and Anti-Corruption Commission (PCACC), who was suspended by the Code of Conduct Tribunal (CCT), on Friday, appealed against the ruling.
The three-member tribunal, headed by Justice Danladi Umar, ordered Mr Magaji’s suspension on Thursday in Abuja following allegations of misconduct against him by the Code of Conduct Bureau (CCB).
Delivering the ruling, Mr Umar dismissed Mr Magaji’s motion and held that the tribunal had the competence and jurisdiction to hear the case.
He 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.
Mr Umar 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.
Dissatisfied with the ruling, Mr Magaji, through his counsel, Adeola Adedipe, SAN, approached the Abuja Division of the Court of Appeal.
In the notice of appeal dated and filed April 5 by Mr Adedipe, Mr Magaji gave five grounds as to why the appeal should be allowed and the appellate court should set aside the CCT’s ruling.
He argued that the CCT erred in law when it denied his client a right to a fair trial, fair hearing, and the 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.
Mr Adedipe described the ruling as “a miscarriage of justice” and also argued that the tribunal erred in law, when without the requisite jurisdiction, it granted the reliefs sought by CCB, giving specific orders to Mr Yusuf and SSG, “knowing fully well that they are not parties to the present charge as constituted; it thereby occasioned a miscarriage of justice.”
He 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 argued that the tribunal erred in law when it acted without jurisdiction and denied the embattled PCACC boss a right to a fair trial by making far-reaching findings that were speculative and prejudicial in nature.
Moreover, Mr Adedipe submitted that CCT erred in law, acted without jurisdiction and denied Mr Magaji a right to a fair hearing when suo motu, it raised and determined issues of purported contradictions in his counter affidavit and further insisted he conceded to the speculative facts in CCB’s further and better affidavit.
Mr 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 a stay of execution of the order delivered on April 4 pending the determination of the appeal lodged at the Appeal Court.
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 for N5 million with two sureties. In a motion filed by Mr Adedipe, he challenged the CCB’s competence to prosecute him.
Mr Adedipe, who gave two prayers, predicated the argument on six grounds.
(NAN)
