The Federal High Court in Kano has ruled that the Kano State Public Complaints and Anti-Corruption Commission (PCACC) does not have the authority to summon or probe Abdullahi Umar Ganduje, the former state governor, regarding the dollar bribery video.
Naija News reports that Justice Abdullahi Muhammad Liman made this decision during a fundamental rights enforcement case brought by Ganduje against the commission.
Recall that Ganduje is the incumbent national chairman of the All Progressives Congress (APC).
The former Governor of Kano had initiated the lawsuit in July 2023 to safeguard his fundamental rights from potential infringement when the commission’s chairman, Muhyi Magaji Rimin Gado, called him to appear and respond to inquiries related to the dollar bribery video.
The court issued an injunction preventing Ganduje from being summoned or investigated until the case is conclusively resolved.
It could be recalled that sometimes in 2018, an online publication, Daily Nigerian, released the viral video depicting Ganduje, then governor, receiving stacks of dollars from a contractor. However, Ganduje refuted the allegations, claiming that the video had been manipulated.
The public complaints and anti-corruption commission enlisted the services of a Lagos-based human rights lawyer, Femi Falana, to advocate for its cause.
The commission argued in front of Justice Liman that it had initiated an investigation into the bribery video in 2018 after receiving a petition, but was unable to conclude its investigation due to Ganduje’s immunity at the time.
Naija News reports that in his affidavit, Ganduje claimed to be a prominent politician and former governor of Kano State. His successor, Abba Kabir Yusuf, accused him of embezzling public funds and awarding himself landed property on the day he was sworn in, promising to recover the assets.
He refuted the allegations, stating that he had not stolen money or taken possession of any property for himself or his associates.
After careful deliberation on the matters at hand, Justice Liman determined that the offence allegedly committed by the applicant and under investigation by the commission was a federal crime.
The judge clarified that a federal offence is any action deemed illegal by a law passed by the National Assembly and approved by the president.
Justice Liman ruled that the commission did not have the authority to summon Ganduje for the alleged crimes, as those should have been investigated by federal agencies such as the EFCC.
Furthermore, Justice Liman stated that the APC national chairman had the right to dignity of the human person, the right to a private and family life, and the right to acquire and own property.
The counsel for the PCACC, Usman Fari, expressed concern over the delay in delivering the court’s judgment, as the case had been initiated in July of the previous year. Fari mentioned that he had already received permission from his client to appeal the judgment.
On the other hand, Matthew Burkaa (SAN), the counsel for Ganduje, stated that the court had correctly interpreted the law. He added that the judgment vindicated his position that the commission could not investigate his client based on federal legislation.
Lastly, the court did not award any costs to the parties involved in the case.
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