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From Godwin Tsa Abuja
The Abuja Division of the Court of Appeal has set aside the order of the Code of Conduct Tribunal (CCT), suspending the Chairman, Kano State Public Complaints and Anti-Corruption Commission (PCACC), Mr. Muhuyi Magaji.
In a unanimous judgment on Friday, the court further ordered that the matter be re-assigned to another panel of the CCT.
Justice Umaru Fadawu, who read the lead judgment of the three-member panel of the appellate court, agreed with the arguments of Magaji’s counsel, Mr. Adeola Adedipe, SAN, that the tribunal’s order was prejudicial and amounted to his client’s denial of fair hearing.
The CCT had on April 4 in Abuja, ordered the suspension of Magaji from office. The three-member tribunal, headed by Danladi Umar, gave the order following allegations of misconduct preferred against Magaji by the Code of Conduct Bureau (CCB). In his ruling, Umar, who dismissed Magaji’s motion, held that the tribunal had the competence and jurisdiction to hear the case. He further directed Gov. 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 held that 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, Magaji, through his counsel, Mr Adedipe, approached the Court of Appeal, Abuja.
In the notice of appeal dated and filed April 5 by Adedipe, the senior lawyer gave five grounds why the appeal should be allowed and the CCT’s ruling be set aside by the appellate court.
