- Muhuyi Magaji Rimin Gado appeals his suspension by the Code of Conduct Tribunal, citing denial of fair trial
- The tribunal, led by Justice Danladi Umar, directed Kano State to appoint an Acting Chairman for the Commission pending resolution
The Kano State Public Complaints and Anti-Corruption Commission (PCACC) Chairman, Muhuyi Magaji Rimin Gado, appealed his suspension by the Code of Conduct Tribunal (CCT) on Friday.
A three-member tribunal, led by Justice Danladi Umar, had ordered Magaji’s suspension following misconduct allegations made against him by the Code of Conduct Bureau (CCB).
Delivering the ruling, Justice Umar dismissed Magaji’s motion and affirmed the tribunal’s competence and jurisdiction to hear the case. He directed Governor Abba Kabir Yusuf of Kano State and the Secretary to the State Government (SSG) to appoint an Acting Chairman for the Commission pending the case’s hearing and determination.
Magaji, dissatisfied with the ruling, filed an appeal through his counsel, Adeola Adedipe, SAN, at the Court of Appeal, Abuja. Adedipe listed five grounds for allowing the appeal and setting aside the CCT’s ruling.
Firstly, he argued that the CCT denied Magaji a fair trial, fair hearing, and the presumption of innocence by directing him to step aside as PCACC chairman, thereby assuming his guilt at an interlocutory stage. He described the ruling as a miscarriage of justice.
Secondly, Adedipe contended that the tribunal granted reliefs to the CCB without jurisdiction, as Governor Yusuf and the SSG were not parties to the charge, leading to a miscarriage of justice.
Thirdly, he challenged the tribunal’s judgment that Magaji could interfere with CCB’s witnesses in PCACC without supporting evidence.
Fourthly, Adedipe argued that the tribunal made far-reaching findings without jurisdiction, denying Magaji a fair trial.
Lastly, he stated that the tribunal acted without jurisdiction by determining issues purportedly contradicting Magaji’s counter-affidavit and insisted he conceded to speculative facts in CCB’s further and better affidavit.
Adedipe also filed a motion before the tribunal seeking a stay of execution of the order delivered on April 4 and an injunction restraining the CCB from executing the orders and decisions pending the appeal’s hearing and determination.