The Court of Appeal in Abuja has overturned the suspension of Muhuyi Magaji, Chairman of the Kano State Public Complaints and Anti-Corruption Commission (PCACC).
This decision came after a three-member panel of justices, led by Justice Umaru Fadawu, ruled that the suspension order issued by the Code of Conduct Tribunal (CCT) was prejudicial and violated Magaji’s right to a fair hearing.
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In the lead judgment delivered on Friday, Justice Fadawu stated, “The suspension order by the CCT is flawed and violates the fundamental principles of fair hearing. We have also directed that the matter be reassigned to a different panel of the tribunal.”
Magaji was suspended on April 4, 2023, following allegations of misconduct made by the Code of Conduct Bureau (CCB). The CCT, chaired by Justice Danladi Umar, had instructed Kano State Governor, Abba Yusuf, and the Secretary to the State Government (SSG) to appoint an acting chairman for the commission while the case was ongoing.
However, Magaji’s counsel, Adeola Adedipe, SAN, argued that the suspension was a denial of justice. “The tribunal erred in law by presuming my client’s guilt at an interlocutory stage and depriving him of his constitutional right to a fair trial,” Adedipe said.
He further contended that the tribunal had acted beyond its jurisdiction. “The tribunal’s directive to the Kano State Governor and SSG, who are not parties to this matter, is unprecedented and a clear miscarriage of justice,” he added.
The appellate court upheld these arguments, criticizing the tribunal’s handling of the case. Justice Fadawu noted that the CCT had made speculative findings without adequate supporting evidence.
Reacting to the judgment, Magaji expressed relief and gratitude, saying, “This is a victory for the rule of law and justice. I am committed to serving the people of Kano with integrity.”
The Appeal Court also directed that the case, which includes a 10-count charge of alleged conflict of interest and false declaration of assets, be reassigned to a different panel of the CCT.
