The Abuja Division of the Court of Appeal has nullified the Code of Conduct Tribunal’s decision to suspend Muhuyi Magaji, Chairman of the Kano State Public Complaints and Anti-Corruption Commission.
The appellate court, in a unanimous judgment delivered by Justice Umaru Fadawu on Friday, ruled that the tribunal’s order was prejudicial and violated Magaji’s right to a fair hearing.
According to The PUNCH, Justice Fadawu upheld the submissions of Magaji’s lawyer, Adeola Adedipe (SAN), and directed that the matter be reassigned to a new CCT panel for a fresh hearing.
“The tribunal’s decision denied the appellant his constitutional right to fair hearing and amounted to a miscarriage of justice,” Justice Fadawu stated in the lead judgment.
The CCT, led by Justice Danladi Umar, had on April 4 ordered Magaji’s suspension following allegations of misconduct leveled against him by the Code of Conduct Bureau.
The tribunal further instructed Kano State Governor Abba Yusuf and the Secretary to the State Government to appoint an acting chairman for the PCACC pending the determination of the case.
In its ruling, the CCT asserted that Magaji could interfere with the investigation if he remained in office. The tribunal also dismissed Magaji’s application challenging its jurisdiction.
Dissatisfied with the ruling, Magaji filed an appeal on April 5, citing five grounds on which the decision should be overturned.
“The tribunal acted without jurisdiction and denied me the presumption of innocence by directing my suspension at an interlocutory stage, which effectively determined my guilt,” Magaji argued in his notice of appeal.
He also criticized the CCT for issuing directives to non-parties in the case, including the governor and SSG, describing the orders as “a violation of due process.”
Furthermore, Magaji contended that the tribunal’s assumption that he could interfere with witnesses was speculative and unsupported by evidence.
“The tribunal made far-reaching findings that were speculative and prejudicial, depriving me of my right to a fair trial,” he added.
Justice Fadawu’s decision to set aside the CCT’s ruling marks a significant victory for Magaji. The appellate court emphasized the importance of fair hearing and impartiality in judicial proceedings.
