The Court of Appeal in Abuja has overturned the suspension of Muhuyi Magaji, Chairman of the Kano State Public Complaints and Anti-Corruption Commission (PCACC), declaring the order by the Code of Conduct Tribunal (CCT) a violation of his right to a fair hearing.
A three-member panel of justices, led by Justice Umaru Fadawu, ruled on Friday that the CCT’s suspension of Magaji was prejudicial and flawed. Justice Fadawu stated,
“The suspension order violates the fundamental principles of fair hearing. The matter should be reassigned to a different panel of the tribunal,” the appellate court ruled.
Magaji was suspended on April 4, 2023, following allegations of misconduct brought by the Code of Conduct Bureau (CCB).
The CCT, chaired by Justice Danladi Umar, had directed Kano State Governor Abba Yusuf and the Secretary to the State Government (SSG) to appoint an acting chairman pending the resolution of the case.
Magaji’s legal counsel, Adeola Adedipe, SAN, argued that the suspension was unjust, saying, “The tribunal erred in law by presuming my client’s guilt and denying him his constitutional right to a fair trial.”
The appellate court criticized the CCT’s approach, calling its findings speculative and unsupported by evidence.
The court also ruled that the tribunal acted outside its jurisdiction by involving non-parties like the Kano State Governor and SSG in its directives.
Reacting to the court verdict, Magaji expressed relief at the judgment, calling it “a victory for the rule of law and justice,” and pledged his continued commitment to serving Kano with integrity.