THE Chairman of the Independent Corrupt Practices and Other Related Offences Commission (ICPC) Musa Adamu Aliyu, appeared as a counsel in Kano High Court on Thursday, September 12, over a case of alleged diversion of funds by 44 Local Government (LG) caretaker chairmen in the state.
Adamu’s appearance was in response to a fundamental rights enforcement suit filed by the 44 LG caretaker committees.
The applicants, represented by their counsel, Shamsu Ubale Jibrin, filed a suit seeking an injunction to prevent the ICPC and other law enforcement agencies from investigating contract awards by the LGAs.
Jibrin argued that simultaneous investigations by seven government agencies constitute an abuse of court processes, frivolous, and violate constitutional provisions.
Jibrin alleged that the ICPC and Kano State Anti-Corruption Commission flagrantly disregarded the court’s interim order, which directed the respondents to refrain from taking further action until the substantive suit is heard and determined.
He emphasised that the court order was duly served on the respondents on the day following its issuance.
He further asserted that, notwithstanding, the respondents flagrantly breached the order on September 6, 2024.
Upon resuming proceedings on Thursday, counsel Jibrin informed the court that he had filed two separate applications.
According to him, the first application seeks contempt proceedings against the ICPC and Kano State Anti-Corruption Commission for allegedly violating the court’s interim order while the second one requests the court to grant an order of prohibition, restraining the respondents from taking further action until they comply with the existing court order.
The ICPC Chairman, Aliyu, a lawyer in his response, countered the applicants’ counsel and stated that he had misrepresented facts to secure an interim order against the commission.
Aliyu emphasised that lawyers should uphold justice, rather than misleading the court. He clarified that the commission had invited Abdullahi Aliyu Dederi, the caretaker chairman of Karaye LGA, not the applicants.
“This suit was filed by 44 LGAs chairmen of Kano State, and the ICPC invited one Abdullahi Aliyu Dederi, who was a caretaker chairman of Karaye LGA. Dederi is not a party to this suit, and I can describe him as an imposter.
“Pursuant to the provision of section 122 of the Evidence Act, I urge this honourable court to take judicial notice that earlier in March, the Kano State governor sent Dederi and 43 others to the Kano State House of Assembly for confirmation as caretaker chairmen of 44 LGAs in the state.”
Aliyu argued that Abdullahi Aliyu Dederi and 43 others have been mismanaging local government funds, and the applicants seek to perpetuate their control through court intervention.
Citing a Supreme Court judgment of July 11, 2024, Aliyu stated that caretaker committees contravene the ruling. He asserted that Dederi lacks legal standing to file the suit.
Musa consequently prayed the court to hear the application for contempt before taking other applications to decide whether the commission defied the court order or not.
In the absence of objections from counsel, trial Judge Ibrahim Musa Karaye directed the case file to be remitted to the Chief Judge of Kano State for reassignment to a different judge, who will preside over the contempt proceedings.
Recall that in August, Kano State witnessed a public outcry over allegations of fraudulent pharmaceutical purchases involving 44 local government caretaker chairmen, which the governor Abba Kabir Yusuf claimed to not know of.
A reporter with the ICIR
A Journalist with a niche for quality and a promoter of good governance