From: Godwin Tsa, Abuja
The Code of Conduct Tribunal (CCT) sitting in Abuja has fixed January 10, 2024 to hear a motion filed by Chairman, Kano State Public Complaints and Anti-Corruption Commission (PCACC), Muhuyi Magaji, challenging the competence of the Federal Government to prosecute him.
The motion filed by his counsel, Adeola Adedipe, in respect of charge No: CCT/KN/01/2023 is seeking for “an order prohibiting the complainant from prosecuting the instant charge or any other charge against the defendant, whether by way of arraignment or seeking any form of indulgence before this honourable tribunal or any other court in Nigeria.
The lawyer argued that except and unless there was compliance with the orders made by Justice Farouk Lawan Adamu of the High Court of Kano State on Aug. 28 in suit marked: K/M1128/2023, between Attorney-General (A-G) Kano State and two others vs. Economic and Financial Crime Commission (EFCC) and two others.
According to him, the said orders remain extant and valid for all intents and purposes, having not been set aside by any court.
He also sought an order setting aside the leave granted to prefer the charge; and discharging Magaji of all offences contained therein.
He said the charge, having been unlawfully preferred by the complainant in disregard of the orders made on Aug. 28 by Justice Adamu.
Adeola, who gave seven grounds why the charge should be set aside, said the motion challenged the competence of the prosecution.
He said there was a subsisting order of court by Justice Adamu, restraining the Code of Conduct Bureau (CCB) and all its proxies, from taking actions relating to investigating and or prosecuting Magaji, pending the determination of the case in suit number: K/M1128/2023.
He said the said case was still ongoing and the referenced order had neither been appealed or vacated.
He said going ahead with the charge would amount to open confrontation by the complainant against the judiciary.
The lawyer stated that the prosecution suppressed these facts from the tribunal.
When the matter came up on Thursday, prosecuting lawyer, Musa Usman, told the tribunal that he was just been served with the application and would need time to respond.
The development followed Magaji’s arraignment and his non guilty plea to a 10-count charge bordering on alleged conflict of interest, false declaration of assets, among others.
Justice Umar, consequently, adjourned the matter until Jan. 10 for hearing of all pending applications.