By Correspondent in Kano.
The suspended Chairman, Kano State Public Complaints and Anti-Corruption Commission, Muhuyi Magaji Rimin Gado, has filed a suit before the judicial division of National Industrial Court, Abuja, challenging his suspension from office.
In the court documents, sighted by our correspondent, Rimin Gado filed the suit challenging his suspension by Governor Abdullahi Umar Ganduje administration of Kano State.
In the suit, the Kano State Governnent is the first defendant while the Attorney General of Kano state; Kano State House of Assembly; Accountant General Kano state; Acting Chairman of the Anti-Graft Commission, Barrister Mahmud Balarabe; Kano state Commissioner of Police are thr 2nd, 3rd,4th, 5th and 6th defendants, respectively.
Our Correspondent recalls that the Kano State House of Assembly suspended Barrister Muhyi Magaji as the substantive Chairman of the State Public Complaints and Anti-Corruption Commission on 5th July, 2021, over his refusal to accept a level 4 officer sent to his office.
On July 26th,he was recommended for dismissal and immediate arrested as well as for prosecution over an alleged forgery, while for almost seven months, the matter seems to be swept under the carpet as nothing is heard either from the government.
The suspended Chairman is therefore praying the court to determine whether having regards to the circumstance of this case, Sections 8,15(i),(g), & (h) of the Public Complaints and Anti-corruption Commission law 2008 ,(As Amended), 36(1) of the Constitution of Federal Republic of Nigeria 1999( as amended), the 1st Defendant can cause the 3rd Defendant to determine the petition of the 4th Defendant by suspending the Claimant from his statutory position of the Executive Chairman, Kano State Public Complaints and Anti-Corruption Commission without having recourse to the Claimant’s right to fair hearing.
The Claimant, through his counsels, led by Barrister Muhammad Ibrahim Tola, also asked the National Industrial Court to determine whether by virtue of Sections 4(a), 5, & 6 of Public Complaints and Anti-Corruption Commission Law 2008 (As Amended), the 5th Defendant has a legal restitute and right to continue parading himself as the acting Chairman of Kano State Public Complaints and Anti-Corruption Commission after the expiration of 1 month suspension of the Claimant by the 1st Defendant.
More so that whether the 1st Defendant can suspend the Claimant indefinitely and without the payment of his entitlement as the Chairman of Kano State Public Complaints and Anti-Corruption Commission.
Rimi Gado also asked the court to look into whether the involvement of the 6th Defendant into the purely administrative issue, through targeted investigations,does not amount to the abuse of office and enforcing double jeopardy on the Claimant.
According to the court documents, the claimant is also seeking for the following reliefs against the Defendants jointly and severally, thus:
The counsels also sought the honourable court to determine: “A DECLARATION that the 3rd Defendant has no right to determine the 4th Defendant petition by causing the suspension of the Claimant without first having heard from the Claimant by according him the opportunity of defending himself.
“A DECLARATION that the purported suspension of the Claimant, as a result of the 3rd and 4th Defendants’ actions, is malicious, ultra vires, null and void, thereby infringing on the Claimant’s fundamental right of fair hearing.
“A DECLARATION that the 5th Defendant parading himself as an acting Chairman of the Kano State Public Complaints and Anti-Corruption Commission is illegal, ultra vires and unlawful.
“A DECLARATION that the Claimant is the substantive Chairman of the Kano State Public Complaints and Anti-Corruption Commission and therefore entitled to all the benefits of his office.
“A DECLARATION that the 6th Defendant has no business in this matter which is within the exclusive competence of this court to decide.
“An order of this Honorable Court declaring the purported suspension of the Claimant as the Chairman of Kano State Public State Public Complaints and Anti-Corruption Commission is unconstitutional, illegal, null and void.”
Mr Rimingado also prayed the court for:
“An order of this Honorable Court restraining the 6m Defendant perpetually from meddling in the affairs of the Claimant on any matter affecting his workplace.
“And such further order(s) as the court may deem fit and appropriate to make in the circumstances.”
