Court strikes out suit seeking to remove Matawalle as Zamfara Governor

By Matthew Eloyi

A suit attempting to oust Zamfara State Governor Bello Matawalle from office has been dismissed by a Federal High Court in Gusau.

The Governor was sued by certain members of the People’s Democratic Party (PDP) in the state over his switch to the All Progressives Congress (APC).

Justice Bappa Aliyu, who presided over the hearing on Monday, said the court lacked jurisdiction to hear the issue.

He, however, said that because the case was neither pre-election nor post-election, the 1999 Constitution of the Federal Republic of Nigeria does not preclude a governor from defecting from a political party.

The judge went on to say that neither the APC nor the PDP constitutions make it illegal for a governor to defect to any other legally recognized political party existing in the country.

If it was a pre-election matter, he said, the claim should have been filed before an election petitions tribunal, noting that only the tribunal or the State House of Assembly has the jurisdiction to remove the governor for defection.

Reacting to the judgment, the national leadership of the APC commended the judiciary for defending the Constitution and what it referred to as the popular mandate of Governor Matawalle.

The party, in a statement by its national secretary, John Akpanudoedehe, said “The Federal High Court (Gusau Judicial Division) in dismissing the suit challenging Bello Muhammad Matawalle Governorship of Zamfara State upon his defection from the People’s Democratic Party (PDP) to the All Progressives Congress (APC), said the whole case was devoid of merit.

“Based on Monday’s judgment, the honourable court held that there is no provision in the 1999 Constitution (as amended) which states that a Governor will lose his seat whenever he defects to another party other than the political party upon which he was elected.

“That Governor Bello Muhammad Matawalle has the right to assembly and association with respect to joining or belonging to a political party. In exercise of his right of freedom of association guaranteed under section 40 of the 1999 Constitution (as amended), he can defect to any party of his choice and still maintain his seat as the Governor of Zamfara State.”

The APC congratulated Governor Matawalle on his affirmation by the court, saying the development would boost his administration’s effort in tackling the security challenges in Zamfara.