The suspended chairperson of Kano State Public Complaint and Anti-Corruption Commission (PCACC), Muhuyi Magaji, has sued the state government over his suspension.
Mr Magaji filed an application for the reversal of his suspension before the National Industrial Court in Abuja.
He was in July, 2021 asked to step aside for a month over his alleged opposition to the posting of an accountant to the agency from the Office of the Accountant-General of the state. He has not been recalled since.
The state’s House of Assembly gave the order following a recommendation from the executive arm of government.
The suspension, according to the state assembly, followed a letter of complaint sent to the house over the matter by the Office of the Accountant-General of the state.
Mr Magaji’s suit has the state government as the first defendant while State House of Assembly, the Accountant-General, Mahmud Balarabe, state commissioner of police as the other defendants.
The plaintiff 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 a fair hearing.
“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.”
He also wants the court to declare that:
“The fourth defendant erred 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, and
“An order of this Honorable Court declaring the purported suspension of the Claimant as the Chairman of Kano State Public Complaints and Anti-Corruption Commission is unconstitutional, illegal, null, and void.”
Mr Magaji also prayed the court for an order of the court restraining the 6th 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.
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