Court strikes out suit seeking Matawalle’s removal over defection to APC

A federal high court sitting in Gusau, Zamfara state has struck out a suit filed against Bello Matawalle, state governor, for defecting to the All Progressives Congress (APC).

Matawalle, who defected from the Peoples Democratic Party (PDP) in June 2021, said his decision would bring peace to Zamfara state.

Aggrieved by the governor’s defection, Bashir Saleh, Ibrahim Muhammed Turaki and Andulhamid Haruna, the plaintiffs in the suit marked FHC/GS/CS/14/2021, asked the court to make an order directing the governor and his deputy, Mahdi Gusau who won the election on the platform of the PDP, to vacate office.

The plaintiffs, through their counsel, J. C Shaka, however, amended the originating summon and excluded the second defendant (deputy governor) on the grounds that he is still a member of the PDP.

The plaintiffs joined the Independent National Electoral Commission (INEC), the APC and the attorney-general of the federation (AGF) as defendants in the suit.

They had asked the court to restrain INEC from recognising and dealing with Matawalle as governor.

However, delivering a ruling on Monday, Aminu Aliyu, the judge, held that the court lacked the jurisdiction to entertain the matter.

He ruled that the constitution of the PDP and the constitution of the Federal Republic of Nigeria do not, in any way, prohibit any person from joining any association or political party.

Aliyu said it was only an election tribunal or state house of assembly that could remove a governor from office.

The court, therefore, awarded the cost of N1m to each of the defendants to be paid by the plaintiffs.

Mike Ozekhome, who represented Matawalle and the APC, commended the court for the ruling.

J.C Shaka, counsel to the plaintiffs, said he would study the judgment for further action.