The suspended chairman Kano state public complain and anti corruption commission Muhuyi Magaji Rimin Gado has filed an application before the judicial division of National Industrial court Abuja .
In a court documents sighted by this newspaper Muhyi Magaji Rimin Gado filed the application challenging his suspension by Ganduje administration in Kano.
In the suit filed by Muhuyi Magaji Kano state government is the first defendant while the attorney general of Kano state ,Kano state house of assembly , accountant general Kano state ,Barrister Mahmud Balarabe ,Kano state commissioner of police as 2nd ,3rd ,4th ,5th and 6th defendants respectively.
The suspended chairman of the state public complain and Anti Corruption commission also prayed 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 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.
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Barrister Muhuyi Magaji 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 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.
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.
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.
WHEREOF the Claimant will seek 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.
The counsel to 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.
It can be recalled that Kano state House of assembly suspended Barrister Muhyi Magaji as the substantive chairman of the state public complain and Anti corruption commission on 5th July over refusal to accept level 4 officer sent to his office while on 26th recommended for his dismissal and immediate arrest and prosecution over an alleged forgery, however for almost 7month the matter seems to be swept under the carpet as nothing is heard either from the government or the assembly.
