The National Industrial Court sitting in Abuja has ruled that Barr. Muhuyi Magaji Rimin Gado the suspended chairman of Kano State Public Complaints and Anti-Corruption Commission is still the Substantive Chairman of the Commission.
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However, the court presided over byJustice Oyebiola O. Oyewumi, averred that Rimin Gado cannot act as such by virtue of his suspension.
Delivering a Judgement in suit brought forward by Rimin Gado on Wednesday,the court also ordered the kano State Government, the 1st defendant in the case to pay the claimant the sum of N5,713,891.22 as his salary arrears from the date of his suspension to the date of the Judgement.
The court further ruled that Rimin Gado is also entitle to be paid his monthly salary from the day of the judgement to the date of his reinstatement.
In the Judgement a copy which was sighted by Daily Telescope, the judge refused the prayers of the former anti-corruption agency’s boss to declare his suspension as unconstitutional, null and void.
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The court ruled that “it will be a disruption of the right of an employer or appointer to fetter him with an injunction not to discipline his employee or appointee, thus since it is the Governor that appointed the claimant, the court ruled he possess the power to suspend him and in doing so may or may not give him the opportunity to be heard before his suspension, the reason being suspension is not a permanent deprivation of right unlike termination which required giving the employee an opportunity of being heard.
“The court also faulted the treatment mated to the embattled anti-corruption boss by the kano state police where he was arrested with a warrant that discloses no offence which in the view of the court is an act of impunity without legal justification and therefore restrained the commissioner of police who is the 6th defendant in the suit perpetually from meddling in the affairs of the claimant in any matter affecting his work place,” statement revealed.
This is however, coming at a time when the acting chairman of the Agency Mahmoud Balarabe claimed to have issued an invitation letter to the embattled suspended chairman to come and answer some allegations against him.
Daily Telescope, recalled that some officials of the agency had allegedly assaulted Mr. Magaji in what the acting chairman describe as surveillance operation.
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