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A three-member panel of the Court of Appeal, Abuja, on Friday, overturned the Code of Conduct Tribunal’s (CCT) decision to suspend the Chairman of the Kano State Public Complaints and Anti-Corruption Commission (PCACC), Muhuyi Magaji.
In the ruling, Justice Umaru Fadawu, who delivered the lead judgment, sided with Magaji’s counsel, Mr. Adeola Adedipe (SAN), asserting that the tribunal’s suspension order had been prejudicial and denied Magaji a fair hearing.
Justice Fadawu instructed that the case be reassigned to a new panel at the CCT.
This decision came after the CCT, led by Justice Danladi Umar, had ordered Magaji’s suspension on April 4, 2024.
The suspension was based on allegations of misconduct filed by the Code of Conduct Bureau (CCB).
Justice Umar had ruled that the CCT had the authority to hear the case, dismissing Magaji’s motion against the order.
The tribunal also directed the Kano State Governor, Abba Yusuf, and the Secretary to the State Government to appoint an acting chairman for the PCACC while the case was ongoing, to prevent interference with the trial.
In response, Magaji, through his counsel, appealed the decision to the Court of Appeal. His appeal, filed on April 5, outlined five grounds for the reversal of the tribunal’s ruling.
Magaji argued that the CCT had violated his right to a fair trial and had prematurely determined his guilt by ordering his suspension.
He also contended that the tribunal had acted beyond its jurisdiction by instructing Governor Yusuf and the SSG to appoint an acting chairman, as they were not parties to the case.
Magaji further claimed that the tribunal had speculatively found him capable of interfering with witnesses without presenting any substantial evidence.
The appellant’s legal team also argued that the tribunal had raised issues about contradictions in his affidavit without giving him a fair opportunity to respond, thus denying him his right to a fair hearing.
With the Court of Appeal’s ruling, the case now stands to be reviewed again by a fresh CCT panel, paving the way for a new hearing of the allegations against Magaji.
