The Court of Appeal in Abuja has nullified the suspension of Muhuyi Magaji, Chairman of the Kano State Public Complaints and Anti-Corruption Commission (PCACC), declaring the action by the Code of Conduct Tribunal (CCT) a violation of his right to a fair hearing.
Delivering the judgment on Friday, a three-member panel of justices, led by Justice Umaru Fadawu, criticized the CCT’s handling of the case, describing the suspension as prejudicial and procedurally flawed.
“The suspension order violates the fundamental principles of fair hearing. The matter should be reassigned to a different panel of the tribunal,” Justice Fadawu ruled.
Magaji was suspended on April 4, 2023, after the Code of Conduct Bureau (CCB) accused him of misconduct.
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Following the suspension, the CCT, chaired by Justice Danladi Umar, directed Kano State Governor Abba Yusuf and the Secretary to the State Government (SSG) to appoint an acting chairman to oversee the commission pending the resolution of the case.
Representing Magaji, Senior Advocate of Nigeria (SAN) Adeola Adedipe argued that the suspension order was unlawful, asserting that the tribunal overstepped its bounds.
“The tribunal erred in law by presuming my client’s guilt and denying him his constitutional right to a fair trial,” Adedipe said.
The appellate court further lambasted the CCT for issuing speculative findings unsupported by evidence and for involving non-parties like the governor and SSG in its directives, actions the court ruled were beyond its jurisdiction.
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Reacting to the decision, Magaji welcomed the judgment, expressing relief and gratitude.
“This judgment is a victory for the rule of law and justice. I remain committed to serving Kano State with integrity and dedication,” Magaji stated.
The ruling represents a significant legal victory for Magaji, reinforcing his claims of unjust treatment and reaffirming the importance of adherence to fair hearing principles in judicial processes.