The National Industrial Court sitting in Abuja has ruled that Barr. Muhuyi Magaji Rimin Gado the suspended chairman of Kano State Public Complaints and Anti-Corruption Commission is still the Substantive Chairman of the Commission but cannot act as such by virtue of his suspension.
Delivering Judgement in suit instituted by Mr. Muhuyi Magaji on Wednesday 14th/12/2022, the presiding judge, Justice Oyebiola O. Oyewumi ruled that up till date the appointment of the Claimant by the Governor has not been terminated and so in view of the fact that no letter of termination of appointment has been given to Claimant, hence he remains the chairman.
The court further ordered the Kano State Government standing as the 1st defendant in the case to pay Mr. Magaji the sum of N5,713,891.22 as his salary arrears from the date of his suspension to the date of the Judgement and also entitle to be paid his monthly salary from the day of the judgement to the date of his reinstatement.
According to the court, the suspension of the claimant was not stated in the letter to go without pay and was not specific with that.
In the Judgement a copy which was sighted by SOLACEBASE, the judge refused the prayers of Mr. Magaji to declare his suspension as unconstitutional, null and void and ruled that it will be a disruption of the right of an employer or appointer to restrain him with an injunction not to discipline his employee or appointee, thus since it is the Governor that appointed the claimant, the court ruled he possess the power to suspend him and in doing so may or may not give him the opportunity to be heard before his suspension.
The judge said the reason being suspension is not a permanent deprivation of right unlike termination which required giving the employee an opportunity of being heard.
The court also faulted the treatment of the embattled anti-corruption boss by the Kano state police command where he was arrested with a warrant that discloses no offence which in the view of the court is an act of impunity without legal justification and therefore restrained the commissioner of police who is the 6th defendant in the suit perpetually from meddling in the affairs of the claimant in any matter affecting his work place.
This is however, coming at a time when the acting chairman of the Agency Barr. Mahmoud Balarabe claimed to have issued an invitation letter to the suspended chairman to come and answer some allegations against him as widely reported in the media that some officials of the agency allegedly assaulted Muhuyi Magaji in what the acting chairman described as surveillance operation.
Culled from Solacebase
