The Court of Appeal in Abuja on Friday, set aside the order of the Code of Conduct Tribunal (CCT), suspending Mr Muhuyi Magaji, the Chairman, Kano State Public Complaints and Anti-Corruption Commission (PCACC).
A three-member panel of justices, in the lead judgment read by Justice Umaru Fadawu, also ordered that the matter be re-assigned to another panel of the CCT.
The Code of Conduct Bureau (CCB) had charged Magaji with ten counts of alleged breaches of the code of conduct for public officers. Magaji, who appeared before the Danladi Umar-led CCT, pleaded not guilty to all charges.
In April, the tribunal rejected Magaji’s objection to its jurisdiction and ordered his suspension, citing the need to prevent potential interference in the case.
The CCT directed the Kano State governor and secretary to the state government to appoint an acting chairman for the commission pending the resolution of the case.
Magaji, dissatisfied with the tribunal’s ruling, appealed through his counsel, Adeola Adedipe, arguing that the CCT had violated his right to a fair trial, fair hearing, and the presumption of innocence.
Adedipe contended that the tribunal effectively determined Magaji’s guilt prematurely by ordering his suspension at an interlocutory stage.
The lawyer also argued that the CCT overstepped its jurisdiction by issuing directives to non-parties to the case, including the Kano governor and state secretary, which he described as a miscarriage of justice.
Adedipe further criticized the tribunal’s assessment that Magaji could interfere with witnesses, stating that no evidence was presented to support such claims.
The appellate court agreed with these submissions, concluding that the CCT’s suspension order was prejudicial and infringed on Magaji’s right to a fair hearing.
