The suspended Chairman of the Kano State Public Complaints and Anti-Corruption Commission, Barrister Muhuyi Magaji Rimin Gado has filed a suit before the judicial division of National Industrial Court Abuja challenging his suspension.
According to the court documents sighted by Daily Telescope, parties in the suit are Kano state government 1st defendant, attorney general of Kano state 2nd, Kano State House of Assembly 3rd, Accountant General Kano state (4th, Acting Chairman of the Anti- Graft Commission, Barrister Mahmud Balarabe 5th and Kano state Commissioner of Police as 6th defendant.
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It could berecalled that Kano state House of assembly suspended Barrister Magaji as the substantive Chairman of the Anti-Corruption Commission on 5th July 2021 over refusal to accept a level 4 officer sent to his office.
The Assembly had on July, 26th recommended for his dismissal, immediate arrest and prosecution over an alleged forgery, however for almost 7 months the matter seems to be swept under the carpet as nothing is heard either from the government or the state Assembly.
The suspended chairman asked the court to determine whether having regards to the circumstance of this case, Sections 8,15(i),(g), & (h), 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 him from his statutory position as chairman of the Commission without having recourse to the Claimant’s right to fair hearing.
The Claimant through his counsels led by 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 backing 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.
Whether the 1st Defendant can suspend the Claimant indefinitely and without the payment of his entitlement as the Chairman of Kano State Public Complaint and Anti-Corruption Commission.
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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.
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.
The counsel to Mr Rimingado also prayed the court for:
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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.
