The Court of Appeal in Sokoto has dismissed a suit seeking the removal of Governor Bello Matawalle of Zamfara State from office over his defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

The court, in its judgement delivered on Wednesday, affirmed the earlier verdict of the Federal High Court in Gusau, dismissing the case against the governor.

Mr Matawalle’s lawyer, Mike Ozekhome, a Senior Advocate of Nigeria, shared the details of the Court of Appeal’s judgement with PREMIUM TIMES on Friday.

A panel of three Justices of the Court of Appeal led by A. A. Gumel, held in its unanimous judgement that a governor cannot lose his seat on the grounds of defection from one party to another.

Citing provisions of Section 40 of the constitution, the court held that a governor can defect from one party to another without losing his office.

The court held that the Nigerian constitution does not provide punishment for a governor who defects to another party.

It said Mr Matawalle cannot vacate his seat because of his defection to another political party of his choice in the exercise of his constitutional right of freedom of association.

The court added that once a governor is sworn in, he ceases to be under the control of the political party which sponsored him, and he can only be removed from office in line with the provisions of sections 180, 188 and 189 of the 1999 Constitution.

“All the issues having been resolved in favour of Governor Matawalle, the appeal was dismissed and the judgment of the Federal High Court, Gusau, delivered on the 7th of February, 2022 was affirmed,” Mr Ozekhome’s statement said.

In addition to the N1 million cost earlier awarded in favour of each of the respondents by the trial court, the Court of Appeal awarded another cost of N1 million against the appellants in favour of the governor and his former deputy governor, the first and second respondents, Mahadi Ali, respectively.

Ex-deputy governor loses cross-appeal

The court similarly dismissed the cross-appeal filed by Mr Gusau, the impeached deputy governor of Zamfara State, seeking to be declared the governor following Mr Matawalle’s defection to the APC.

The court held that Mr Ali cannot succeed Mr Matawalle on account of the governor’s defection from the PDP to APC.

Background
Mr Matawalle at a grand ceremony in Gusau, the Zamfara State capital, defected to the ruling APC in June last year after months of speculation and denial.

But his deputy, Mr Ali, who refused to defect from the PDP, on whose platform the duo were elected, was later removed from office by the State House of Assembly.

Following Mr Matawalle’s defection, some aggrieved members of the PDP – Bashir Saleh, Abduhamid Haruna and Ibrahim Turaki – approached the Federal High Court in Gusau, praying the court to sack the governor.

However, the court declined jurisdiction and held that the Nigerian constitution does not provide for the removal of a governor on account of defecting from one political party to the other.

Subsequently, the plaintiffs filed an appeal to challenge the High Court’s decision.

The Court of Appeal dismissed their appeal on Wednesday.

https://www.premiumtimesng.com/news/headlines/542783-zamfara-appeal-court-dismisses-suit-challenging-governor-matawalles-defection-to-apc.html

That's his business

I love the fact they have to pay the defecting governor, twice. Next time they will carefully consider their charity.