Judge’s absence stalls suit filed by suspended Kano anti-corruption boss

The absence of Justice Oyejoju Oyewumi of the National Industrial Court on Monday, stalled a suit filed by the suspended chairman of Kano State Public Complaint and Anti Corruption Commission, Muhuyi Rimin-Gado.

Rimin-Gado instituted the suit challenging his suspension against the Kano State government and five others.

Joined as co-dependents in the suit are the Attorney General of Kano, Kano State House of Assembly, Accountant General Kano.

Others are Acting Chairman of the Commission, Mahmud Balarabe and Kano Commissioner of Police as first, second, third, fourth, fifth and sixth defendants respectively.

The matter which was slated for hearing, could not go on as parties were informed of the judge’s unavoidable absence as a result of bereavement.

The court therefore gave new date of March 24, for hearing.

Our correspondent reports that when the matter was mentioned on Feb. 2
the claimant’s counsel, Muhammad Tola informed the court that all parties had been served processes, however that they were yet to enter appearance.

Responding, Malam Abdulsalam Saleh, counsel to the first, second and fourth defendants said that he filed a memorandum of conditional appearance.

Abdul Adamu, counsel to the third and fifth defendants submitted
that they had filed and served a memorandum of conditional appearance on Jan.17 and that they had filed and served a counter- affidavit and a motion for summary judgment.

It was also reported that from facts, the Kano State House of Assembly suspended the claimant as the substantive chairman of the commission on July 5, 2021.

Subsequently, on July 26, 2021 a letter was recommended for his dismissal and immediate arrest and prosecution over an alleged forgery.

NAN reports that Rimin-Gado urged the court to determine whether by virtue of Sections 4(a), 5, & 6 of Public Complaints and Anti-Corruption Commission Law 2008 (As Amended), the fifth defendant has a legal restitute and right to continue parading himself as the acting chairman of the Commission after the expiration of one month suspension of the claimant by the first defendant.

Others are whether the first defendant can suspend the claimant indefinitely and without the payment of his entitlement as the chairman of the Commission.

Whether the involvement of the sixth defendant into the purely administrative issue through targeted investigations does not amount to the abuse of office and enforcing double jeopardy on the claimant.

The claimant is therefore seeking for the following reliefs against the defendants jointly and severally, thus:

A declaration that the third defendant has no right to determine the fourth defendant petition by causing the suspension of the claimant by according him the opportunity of defending himself.

The claimant is also praying the court to declare that his suspension as a result of the third and fourth defendants’ actions is malicious, ultra vires, null and void, thereby infringing on the claimant’s fundamental right of fair hearing.

Another declaration as sought by the claimant is that the fifth defendant acting as chairman of the Commission is illegal, ultra vires and unlawful.

The claimant is therefore seeking a declaration that he is the substantive chairman of the Commission and therefore entitled to all the benefits of his office.

The claimant in addition is seeking for a declaration of the court that the sixth defendant has no business in the matter which is within the exclusive competence of the court to decide.

Rimin-Gado is equally seeking for an order of the court that his suspension as chairman of the Commission is unconstitutional, illegal, null and void.

Rimin-Gado is also praying the court for an order restraining the sixth defendant perpetually from meddling in his affairs on any matter affecting his workplace.