KANO FOCUS reports that the resolution was made during plenary presided over by the Speaker Hamisu Ibrahim Chidari.

While presenting the report, the chairman of the ad-hoc committee, Umar Musa Gama explained that the 12 member committee had concluded it’s investigations and had mapped out 5 recommemdations.

He pointed out that the recommendations include immediate sacking of the suspended chairman, arrest and prosecution of Mr Magaji as well as setting up an ad-hoc committee to investigate the financial activities of the commission from the year 2015 to date.

Speaking to journalists shortly after the sitting, the majority leader of the House, Labaran Abdul Madari said the joint committee set up by the House to investigate Muhyi found out that the medical report submitted by the counsel to suspended chairman is fake.

He noted that the committee also recommended that the state civil service should take appropriate action on Isah Yusuf a level four officer serving as accountant at the Commission.

Madari said the committee also called on the accountant earlier rejected by Mr Magaji to assume duty as soon as possible.

“With due respect to Honourable Speaker and honourable House in general, I wish to present a complaint to you that on April 2021, the office of the accountant general release a posting of accounting staff to various ministries and departments including Public Complaint and Anti Corruption Commission.

“But this posting number  C.5/AG/1.1/95 dated 15th March, 2021, the chief accountant posted to the commission have reported to the office of the accountant general, on 28th June, 2021 that he was denied taking over the financial activities of the commission as head of account as indicated in the posting letter. Copy attached.

“Furthermore, not only the chief accountant was denied to take over the responsibility as head of account, rather he was issued with a rejection letter reference number: PCAC/June/1/Vol. 1/SS/ dated 28 June, 2021 asking him to report back to the office of the accountant general, for his services were not needed in the commission.

“While an officer, a clerical officer for that matter, on grade level 04 is still maintain and act as head of account of the commission. Copy also of the rejected letter attached.

“Accordingly, this act by rejecting him as head of account of the commission violated section 28 (b) of Kano state financial management law which gives the accountant general power to provide the accounting staff to each government ministries or extra ministerial departments. Copy also attached of the stipulated law.

“Based on the above, the office of the accountant general is kindly appealing to the honourable House to take appropriate measures towards the complain please.

“Shehu Abbas Mu’azu, the accountant general of the state.”

Constituting probe

After reading the petition, the speaker open the floor for members to propose how the House should treat the matter.

In his contribution, the House leader and member representing Warawa constituency Abdul Madari, advised the House to allow committee on Public Complain and Anti Corruption to investigate the matter, and report back for further deliberation.

In his submission the deputy speaker and member representing Sumaila constituency Hamza Zubairu Masu supported the position of Mr Madari and call on the House to suspend Mr Rimingado to allow uninterrupted and thorough investigation.

Also a member representing Rogo local government Magaji Zarewa supported the view of previous members and suggested Mr Rimingado should be suspended pending the outcome of House investigation.

Other members who supported the suspension of Mr Rimingado include  Ali Ibrahim Shanono (Bagwai/Shanono), Abdullahi Yaryasa (Tudunwada), Kabiru Hassan Dashi (Kiru), (Gwarzo) and Garba Ya’u Gwarmai (Kunchi/Tsanyawa).

After thorough deliberation, the House suspended the chairman of the Anti Corruption Commission for a period of one month and constituted a committee to investigate the matter.

The Committee has Chairman on Public Complain committee Umar Musa Gama (chairman), Chairman House Committee on Judiciary, Lawan Shehu (member), chairman House committee on Public Account Ibrahim Doguwa (member), chairman House committee on finance Magaji Dahiru Zarewa (member) and Chairman House Committee’s on Hajj Sale Ahmad Marke (member).

The Committee has Deputy Director Legal in the House as secretary and secretary Public Account Committee as Co-secretary.

Adhoc committee invites Muhuyi

The adhoc committee has invited Muhuyi to appear before it on July 14.

However, on the scheduled day Mr Magaji through his counsel Mr Fari requested for some facilities to enable him prepare a defence.

Mr Fari also told journalists that his client cannot appear before the house as earlier scheduled, because he is currently undergoing diagnosis at National Hospital Abuja.

He said has submitted a copy of laboratory form and letter to the secretary of adhoc committee Abdullahi Bature requesting for another time to honuor the invitation of the house after his medical appointment.

“For two reasons he (Mr Magaji) is not here, one on health ground, number two we wanted to have adequate time and have facilities to prepare for our defence.

“Mr Magaji was suspended on 5th day of July, 2021. And no single document was served on him from 5th July, 2021 to date. He was not served with a letter of suspension, he was not served with a copy of allegation against him. No single document was served on him.

“The only document that we received is the letter dated the 12th day of July, from the House inviting to appear before the committee without indicating the name of the complainer or the petitioner, the allegation against him, nothing.

“We are requesting for the copy of certified true copy of the petition written against him. Because he was not served with the petition, we heard it over radio.

“Then we are applying for certified true copy of the text of the House resolution conducted on the 5th day of July, 2021 concerning the issue. Then we are applying for the press releases issued by the Kano state House of Assembly on the 5th and 7th day of July, 2021. This is what we are demanding from the House.

Muhuyi’s medical report not authentic

However, the Hospital in a letter dated July 19, 2021 and sent to clerk of Kano state House Assembly said there is no patient named ‘Muhuyi Magaji’ in their hospital record and no folder was opened in that name.

The letter written by the Director Clinical services in the Hospital, Aisha Umar said the name and signature of the doctor (Dr. Bayo) on the medical report do not belong to any staff of National Hospital, Abuja.

It therefore declare the medical report as ‘NOT authentic’.

However, the Hospital in a letter dated July 19, 2021 and sent to clerk of Kano state House Assembly said there is no patient named ‘Muhuyi Magaji’ in their hospital record and no folder was opened in that name.

The letter written by the Director Clinical services in the Hospital, Aisha Umar said the name and signature of the doctor (Dr. Bayo) on the medical report do not belong to any staff of National Hospital, Abuja.

It therefore declare the medical report as ‘NOT authentic’.

The letter reads in part:

“Kindly refer to your letter with ref. No KNHA/CON/077 dated 16th July, 2021 on the above subject matter, in which you requested the hospital to verify the authenticity or otherwise of attached medical report/documents.

“Following your request on the above, and subsequent investigations, we wish to state the following findings:

“There is no patient named ‘Muhuyi Magaji’ in their hospital record and no folder was opened in that name.

“That by our records, the name and signature of the doctor (Dr. Bayo) on the medical report do not belong to any staff of National Hospital, Abuja.

“Laboratory investigation in the National Hospital are no longer manually written on paper, but electronically transmitted.

“In the light of the above Sir, the medical report/documents which you attached it’s photocopies are not authentic.

“On behalf of the Chief Medical Director, please accept our warm regards.

“Dr A. A Umar, Director, Clinical Services/CMAC on behalf of the Chief Medical Director.”

Muhuyi risks 14 year jail term of

A Kano based private legal practitioner Abdulaziz Adamu Ahmad said Mr Magaji may get up to 14 years for presenting false medical report to Kano state House of Assembly.

Barr. Abdulaziz Adamu Ahmad

Ahmad said the act of Mr Magaji amount to an offence known as ‘forgery’ as stated by section 362 of Penal Code of Northern Nigeria.

According to Mr Ahmad the ingredients of that offence include presenting false document to public institution with the intention of misleading that institution to believe that said document is genuine and is from lawful authority.

Mr Ahmad added that section 364 of Penal Code stipulated a fourteen year jail term for such offence with imprisonment or both imprisonment and fine.

He described Magaji’s act as “Illegal and embarrassing’ that shall not be sweep under the carpet.

The legal practitioner suggested that the matter should be forwarded to police for thorough investigation.

What law says on forgery

Section 362 (A) of penal code defined forgery as “A person is said to make a false document – who is dishonestly or fraudulently makes, signs, seals, or execute a document or part of a document or mark denoting the execution with the intention of causing it to be believed that such document or part of a document was made, signed, sealed or executed or at a time which he knows that it was not made, signed, sealed or executed.”

Also section 364 of the same penal code said “Whoever committs forgery shall be punished with imprisonment for a term, which may extend to fourteen years or with fine or with both.”