Muhuyi Magaji, Chairman of the Kano State Public Complaints and Anti-Corruption Commission, has appealed against the Code of Conduct Tribunal’s ruling ordering his suspension from office.
The Code of Conduct Bureau arraigned Magaji earlier than the CCT on November 16, 2023, on ten counts, including the alleged battle of curiosity and false declaration of belongings.
Magaji, nevertheless, pleaded not responsible for all of the counts and was admitted to bail for N5m with two sureties.
However, Magaji had challenged the CCB’s competence to prosecute him in a movement filed by his lawyer, Adeola Adedipe (SAN).
He contended that a Kano State Excessive Courtroom presided over by Justice Farouk Adamu had, on August 28, 2023, restrained the CCB from interfering in or taking any step regarding his consumer’s capabilities, duties, and affairs until the matter was allotted.
He restated that within the Kano matter, CCB was the second defendant and that the court docket directed events to keep up standing.
Ruling on the movement, a three-member tribunal led by Justice Danladi Umar, on Thursday in Abuja, ordered Magaji’s suspension over allegations of misconduct most popular towards him by the CCB.
Justice Umar additionally directed the Kano State governor, Abba Yusuf, and the Secretary to the State Authorities to nominate essentially the most acceptable officer to take over as appearing chairman of the fee pending the dedication of the case.
He added that to avoid any interference with the case, Magaji could not proceed to discharge his duties while going through a trial.
Nonetheless, dissatisfied with the ruling, Magaji, through his lawyer, approached the Courtroom of Enchantment in Abuja for redress.
Within the discovery of attraction dated and filed on April 5, Magaji urged the appellate court docket to put aside the CCT’s ruling.
He argued that the CCT erred in regulation when it denied him proper to truthful trial, truthful listening to and appropriate to be presumed harmless by making an order directing him to step apart because the chairman of PCACC.
He added, “Thereby figuring out his guilt at an interlocutory stage, which is a miscarriage of justice. ”
He additionally argued that the tribunal erred in regulation when, without the requisite jurisdiction, it granted the reliefs sought by CCB, giving particular orders to the governor and SSG, “understanding nicely that they don’t seem to be events to the current cost as constituted; it thereby occasioned a miscarriage of justice.”
He additionally stated that the tribunal erred in regulation when it adjudged Magaji able to interfere with CCB’s witnesses in PCACC, even though no material proof was presented to support such a speculative declaration.
“CCT erred in regulation, acted without jurisdiction, and denied Magaji a proper to truthful listening to, when suo motu, it raised and decided problems with purported contradictions his counter-affidavit, and additional insisted he conceded to the speculative details in CCB’s additional and higher affidavit, ” he added.
His lawyer, additionally in a movement on discover with cost quantity: CCT/KN/01/2023 dated and filed on April 5 earlier than the tribunal, additionally sought an order for a keep of execution of the order delivered on April 4 pending the dedication of the attraction lodged on the Enchantment Courtroom.
Moreover, he sought an injunction restraining the CCB from executing and implementing the tribunal’s orders and selections pending the listening to and dedication of the attraction.
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