In a landmark judgment, the Federal High Court, Gusau Division, yesterday dismissed a suit challenging the defection of Governor Mahmud Aliyu Shinkafi of Zamfara State and his Deputy Mukhtar Anka from the All Nigeria Peoples Party (ANPP) to the Peoples Democratic Party (PDP).

Both politicians were elected and sworn in on the platform of the ANPP but defected to the ruling party.

The court held that the action of the defendants was not illegal going by the provisions of the 1999 constitution and past verdicts of the Supreme Court. Although, the cross-over was despicable, it was not enough ground to remove them from office in court, the judge argued.

Delivering judgment in the case filed by the ANPP, seeking an order to force Shinkafi and his deputy to vacate their offices, Justice Adamu Bello held that the reliefs being sought by the plaintiffs were political problems that could be solved in the political arena and not in the courts.

"As such, the plaintiffs should have considered taking this case to the State House of Assembly where the members, if fully convinced of the respondents' misdemeanor if any, can impeach them in accordance with the law," he stated.

Justice Bello further ruled that he could not in any circumstance take away the mandate of the respondents. They could vacate office if they choose to resign or they die; they are unable to perform their functions due to infirmity of the mind; they were impeached by the State House of Assembly, he explained.

The action of the first and second respondents (Shinkafi and Anka) were in order and the politicians have the right of free association under the constitution, he explained.

Bello said that section 177 of the 1999 constitution clearly states that a person shall only be qualified for election into the office of the governor of the state if he is a member of a political party and sponsored by a political party. He also explained that the same constitution did not state that such a person cannot leave that party after achieving electoral victory.

Bello pointed out that Section 68(1) (g) and (2), and 109 (1g) and (2) only makes provisions for the tenure of members of the legislature and not that of the executive.

He said the case between former Vice-President Atiku Abubakar and the Attorney General of the Federation decided by the Supreme Court could also be applied in this case, in that the court held that a person sponsored by a political party to power could leave the same party to another without breaching any section of the constitution.

Justice Bello ruled that resigning from a political party is not the same as resigning from office as governor or deputy governor. He added that he had no power to declare the seats of the respondents vacant.

Speaking to reporters after the judgment, lead counsel to the defendants, Muhammed Adoke (SAN), hailed the ruling as one of the best in the country, saying the decision would put to rest key political issues confronting the country.

"The judgment is thought-provoking, illuminating and has improved the jurisprudence of the issue that morality has no place in the legal sphere," he declared.

Also speaking, Robert Clarke (SAN) who also appeared for Shinkafi and Anka, said the ruling would go a long way to strenghten democratic institutions in the country.

"The major difference a civilian democratic administration and a civilian one is that in democracy, institutions of governance are strenghtened.

Today, the ruling of this court has gone well to strenghten the instruments and institutions of democracy. This judgment today has shown that the judiciary is quite independent of any political connotation," he said.

The ANPP however said it would appeal the ruling. In an interview with journalists yesterday, the party's counsel, Muhammed Sani Katu, explained that they would pursue the matter to a logical conclusion, even up to the Supreme Court.

He said the reliefs they sought were very fundamental to the survival of democracy and respect of the wishes of the people of Zamfara.

According to Katu: "With due respect to the learned judge, the issue at stake goes to the heart of democratic choice of the people of Zamfara State who have given us the thrust to protect their mandate. This mandate is not that of any individual or association."

On the argument that the case is purely a political matter that cannot be solved in the courts, Katu said politics is guided by law and there are rules guiding the conduct of politicians at any given time.

Meanwhile, Governor Shinkafi yesterday described the judgment as a vindication of the concept of the rule of law. He attributed his victory at the court to God. He said he would direct his energy towards good governance and providing the dividends of democracy to the people of the state.
He also appealed to the ANPP to take the ruling in good faith and avoid acts capable of disrupting peace and stability.

The ruling will apparently bolster the resolve of governors that are thinking of defecting from their party or have already left the party on whose platform they were elected.

In Imo, Governor Ikedi Ohakim who ran as the Progressive Peoples Alliance (PPA) candidate in 2007 has dumped the party for the PDP. Also, in Bauchi, Governor Isa Yuguda left the ANPP for the PDP.

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