Dollar Bribery Video: Court Bars Kano Anti-Graft Agency From Probing Ganduje
A Federal high court in Kano has determined that the Kano State Public Complaints and Anti-Corruption Commission (PCACC) lacks the authority to summon or probe the former state governor and All Progressives Congress National Chairman, Abdullahi Umar Ganduje, concerning the dollar bribery video.
Justice Abdullahi Muhammad Liman rendered the verdict on Tuesday in a fundamental rights enforcement lawsuit filed by Ganduje against the commission.
Ganduje initiated the case in July 2023 seeking the safeguarding of his fundamental rights against potential infringement and violation when the commission's chairman, Muhyi Magaji Rimin Gado, summoned him to respond to inquiries regarding the dollar bribery video.
The court had issued a restraining order preventing the commission from summoning or investigating Ganduje until the final resolution of the lawsuit.
An online platform, Daily Nigerian, had circulated the viral video in 2018 when Ganduje was governor, depicting him receiving stacks of dollars from a contractor.
However, Ganduje refuted the allegation, asserting that the video was tampered with.
The public complaints and anti-corruption commission engaged the services of Lagos-based human rights lawyer, Femi Falana, to advocate for its actions.
The commission argued before Justice Liman that it had initiated an investigation into the bribery video in 2018 following a petition but couldn't conclude its investigation due to Ganduje's immunity at the time.
Ganduje contended in his affidavit that he was a prominent politician and former governor of Kano State, accused by his successor, Abba Kabir Yusuf, on the day of inauguration, of embezzling public funds and unlawfully acquiring property, including property allegedly awarded to himself (Ganduje).
He refuted the accusation, stating that he hadn't misappropriated funds or illicitly obtained property for himself or his associates.
After careful deliberation on the issues at hand, Justice Liman determined that the alleged offense committed by the applicant and under investigation by the commission was a federal offense.
The judge clarified that a federal offense pertains to any action deemed illegal by legislation enacted by the National Assembly and signed into law by the president.
Justice Liman concluded that the commission lacked the authority to summon Ganduje for alleged offenses that should be investigated by federal agencies such as the Economic and Financial Crimes Commission (EFCC).
Furthermore, he affirmed that the APC national chairman was entitled to the rights of human dignity, privacy, family life, and property ownership.
Counsel for the PCACC, Usman Fari, expressed concern over the delay in the court's judgment in the case initiated since July last year, stating that he had already received authorization from his client to appeal the judgment.
Ganduje's counsel, Matthew Burkaa (SAN), remarked that the court correctly interpreted the law, emphasizing that the judgment vindicated his stance that the commission cannot investigate his client based on federal legislation.
The court made no ruling on costs for the parties involved in the matter.
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