The Code of Conduct Bureau had on November 16, 2023, arraigned Magaji before the CCT on 10 counts bordering on alleged conflict of interest and false declaration of assets, among others.
Magaji, however, pleaded not guilty to all the counts and was admitted to bail in the sum of N5m with two sureties.
But Magaji had, in a motion filed by his lawyer, Adeola Adedipe (SAN), challenged the competence of the CCB to prosecute him.
He contended that a Kano State High Court presided over by Justice Farouk Adamu had on August 28, 2023, restrained the CCB from interfering in the affairs or taking any step in connection with the functions, duties, and affairs of his client until the matter is dispensed with.
He restated that in the Kano matter, CCB was the second defendant and that the court directed parties to maintain status.
Ruling on the motion, a three-member tribunal led by Justice Danladi Umar, on Thursday in Abuja, ordered Magaji’s suspension over allegations of misconduct preferred against him by the CCB.
Justice Umar also directed the Kano State governor, Abba Yusuf, and the Secretary to the State Government to appoint the most appropriate officer to take over as acting chairman of the commission pending the determination of the case.
He added that to avoid any interference with the case, Magaji cannot continue to discharge his duties while facing trial.
However, dissatisfied with the ruling, Magaji, through his lawyer, approached the Court of Appeal in Abuja for a redress.
In the notice of appeal dated and filed on April 5, Magaji urged the appellate court to set aside the CCT’s ruling.
He argued that the CCT erred in law when it denied him right to fair trial, fair hearing, and right to be presumed innocent, by making an order directing him to step aside as the chairman of PCACC.
“Thereby determining his guilt, at an interlocutory stage which is a miscarriage of justice, ” he added.
He also argued that the tribunal erred in law, when without the requisite jurisdiction, it granted the reliefs sought by CCB, giving specific orders to the governor and SSG, “knowing fully well that they are not parties to the present charge as constituted; it thereby occasioned a miscarriage of justice.”
He further said that the tribunal erred in law when it adjudged Magaji as capable of interfering with CCB’s witnesses in PCACC, even though no material evidence was put forward to support such a speculative claim.
“CCT erred in law, acted without jurisdiction, and denied Magaji a right to fair hearing, when suo motu, it raised and determined issues of purported contradictions his counter-affidavit, and further insisted he conceded to the speculative facts in CCB’s further and better affidavit, ” he added.
His lawyer, also in a motion on notice with charge number: CCT/KN/01/2023 dated and filed on April 5 before the tribunal, also sought an order for a stay of execution of the order delivered on April 4 pending the determination of the appeal lodged at the Appeal Court.
Besides, he also sought an order of injunction restraining the CCB from executing and implementing the orders and decisions made by the tribunal, pending the hearing and determination of the appeal.
