The Court of Appeal in Abuja has reversed the decision of the Code of Conduct Tribunal (CCT) that suspended Mr. Muhuyi Magaji, the Chairman of the Kano State Public Complaints and Anti-Corruption Commission (PCACC).
The appellate court, in a ruling delivered on Friday, agreed with the arguments presented by Magaji’s counsel, Mr. Adeola Adedipe (SAN), who contended that the tribunal’s order was prejudicial and violated his client’s right to a fair hearing.
Justice Umaru Fadawu, who delivered the lead judgment, concluded that the suspension order made by the CCT was unjust and should be set aside.
The court further directed that the case be reassigned to a different panel of the CCT for a fresh hearing.
The suspension of Magaji had been ordered by the CCT in April, following allegations of misconduct brought against him by the Code of Conduct Bureau (CCB).
Justice Danladi Umar, who headed the three-member tribunal, ruled that Magaji should step aside from his position while the case was being heard, to prevent any interference with the trial.
In his ruling, Justice Umar also ordered that Governor Abba Yusuf of Kano State and the Secretary to the State Government appoint an acting chairman for the PCACC pending the resolution of the matter.
However, Magaji, dissatisfied with the ruling, appealed to the Court of Appeal, raising five grounds to argue that the CCT’s decision was unjust.
Among his arguments, Magaji stated that the tribunal had denied him a fair trial and hearing by suspending him prematurely, effectively determining his guilt at an interlocutory stage.
Magaji’s legal team also claimed that the tribunal had overstepped its jurisdiction by making orders to the governor and the SSG, who were not parties in the case.
They further argued that the CCT’s judgment was based on speculative claims without substantial evidence, especially regarding the possibility of Magaji interfering with witnesses.
The Court of Appeal ruled in favor of Magaji, agreeing that the tribunal had acted beyond its powers and violated his right to a fair trial.
The appellate court’s decision has now led to the annulment of the suspension order, with the case to be heard by a new CCT panel.
