Kano Court Clears Garo, Strikes Out Corruption Charges Over “Flawed Investigation”
A Kano State High Court has struck out corruption charges filed against former Commissioner for Local Government Affairs, Murtala Sule Garo, and five others, citing fundamental flaws in investigation procedures and lack of jurisdiction.
The ruling, delivered by Justice Sanusi Ado Ma’aji of High Court No. 15, sitting on Miller Road in Kano, brought an abrupt end to the case marked Suit No. K/133c/2024.
The case was instituted by the Kano State Public Complaints and Anti-Corruption Commission against Garo and other defendants, including Mohd Sule Garo, Mustapha Sule Garo, Isah Musa Kera, MJ Multipurpose Services Ltd., and A.U. Future Investment Ltd.
The court had earlier identified two critical issues for determination: whether prosecution could proceed without proper investigation, and whether the commission had the legal authority to investigate corruption-related offences.
In addressing the first issue, the court firmly held that prosecution without prior investigation is untenable. Justice Ma’aji emphasized that investigation is a fundamental prerequisite in any criminal proceeding.
“It is impossible to prosecute anybody for any crime without first conducting some form of investigation however slight,” the court ruled, relying on provisions of the Administration of Criminal Justice Law 2019.
The judge consequently resolved the issue in favour of the defendants, ruling that the prosecution failed to meet basic legal requirements.
On the second issue, the court examined the powers of the Kano State Public Complaints and Anti-Corruption Commission. Drawing from precedents, including decisions of higher courts, the judge held that the commission lacks the authority to investigate corruption and financial crimes, as such powers are governed by federal law.
The court referenced judicial pronouncements which established that state laws attempting to assume control over anti-corruption investigations are inconsistent with federal statutes, particularly those guiding agencies like the EFCC.
“I hold that the complainant herein cannot investigate any issue that borders on corruption or corrupt practices,” the judge stated in the Certified True Copy of the judgment dated February 4, 2026.
Based on these findings, the court struck out the charges and discharged all the defendants.
The ruling comes amid heightened political developments in Kano, where stakeholders of the All Progressives Congress (APC) recently nominated Garo as a leading candidate for the deputy governorship position following the resignation of Aminu Abdulsalam Gwarzo.
The case had also drawn wider attention due to earlier allegations involving the diversion of over ₦57.43 billion meant for the 44 local government areas of the state. In August 2024, fresh charges had been filed against former governor Abdullahi Ganduje, Garo, and others over alleged criminal conspiracy, breach of trust, and misappropriation of public funds.
With this latest judgment, legal observers say the decision may significantly impact ongoing and future anti-corruption prosecutions at the state level, particularly regarding jurisdiction and investigative authority.
The ruling effectively clears Garo and his co-defendants of the charges, at least for now, while raising broader constitutional questions about the limits of state anti-corruption bodies in Nigeria.