From Godwin Tsa, Abuja
The trial of the Chairman, Kano State Public Complaints and Anti-Corruption Commission (PCACC), Muhuyi Magaji Rimin-Gado will resume on January 24 at the Code of Conduct Tribunal (CCT) sitting in Abuja.
The tribunal is expected to rule on a motion filed by the defendant challenging the competence of the Code of Conduct Bureau (CCB) to prosecute.
Muhuyi Magaji was docked before the CCT for allegedly engaging in a web of financial irregularities, false asset declarations, and egregious abuse of office.
He was however granted bail by the tribunal (CCT) over the alleged fraud worth N394million.
The charges outlined in a notice dated November 1, 2023, signed by the Code of Conduct Tribunal (CCT) Registrar Binta Garba accused the anti-corruption crusader of illegally depositing a staggering N394 million into an account bearing his name, fuelling suspicions of corruption and money laundering.
The charges further alleged a litany of offences, including conflict of interest, false asset declarations, and receiving unexplained funds amounting to millions of naira in his bank accounts.
Before the trial however, he has filed a motion challenging the competence of the CCB to try him.
Although ruling on the motion had earlier been fixed for last Friday, it was shifted to a new date by the three-member panel, headed by Danladi Umar.
The tribunal has already issued a new hearing notices to parties in the matter.
The tribunal had, on Wednesday, fixed January 12, after counsel to Magaji, Adeola Adedipe, SAN, and lawyer to the CCB, Musa Usman, presented their arguments and adopted their applications.
Adedipe informed the panel of his motion on notice dated against the charge number: CCT/KN/01/2023.
While moving the motion, Adeola called the attention of the tribunal to their two prayers, which were predicated on six grounds.
He argued that a High Court of Kano State presided over by Justice Farouk Adamu had, on Aug. 28, 2023, restrained the CCB from interfering in the affairs or taking any step in connection with the functions, duties and affairs of his client until the matter is dispensed with.
He restated that in the Kano matter, CCB was the 2nd defendant and that the court directed parties to maintain status.
The senior lawyer said the prosecution undermined the order by preferring the instant charge against Magaji.
He argued that filing the charge against Magaji in the face of Exhibit B presented before the tribunal was a recourse to self help.
He prayed the panel to strike out all the processes filed by the CCB, including the oral submission, for non-compliance with the mandatory provision of Paragraph 13(2) of the CCT Practice Direction 2017 which gave three days for a party to respond to any process served on them.
Adedipe stated that the prosecution was served with their motion for more than 30 days before they responded.
He urged the tribunal to stop the CCB from proceeding with the charge.
Usman, while disagreeing with Adedipe, urged the tribunal to discountenance the defence argument.
He said the order of Kano State relied on by the defendant did not mention the word “prosecution,” hence, it did not stop the complainant from instituting the instant case.
He said the order was clearly preventing the CCB from meddling into the affairs of the defendant, and not on investigation matter.
“The Kano State High Court was aware of the decision of Court of Appeal in a case of Ewuno Bassey Vs EFCC and others where the court states that it is no longer in doubt that agencies given powers to investigate cannot be prevented or arms twisted from performing their duties,” he said.
Usman said on this basis, the submission and the application of the defendant lacked merit and must be treated as such.
Justice Umar, who adjourned the matter for ruling, said the decision would determine whether the trial would proceed or not.