The Court of Appeal sitting in Sokoto affirmed the earlier verdict of the Federal High Court in Gusau, dismissing the suit seeking Governor Matawalle’s removal from office over his last year’s defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Three Justices of the Court of Appeal led by A. A. Gumel, held in their unanimous judgement that a governor cannot lose his seat on the grounds of defection from one party to another. Mike Ozekhome, a Senior Advocate of Nigeria, who is Matawalle’s lawyer, shared the details of the Court of Appeal’s judgement with journalists on Friday.
The court held that the Nigerian constitution did not prescribe any punishment for a governor who decamps to another party. 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.
“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.
A cross-appeal filed by the impeached deputy governor of Zamfara State, Mahadi Ali, seeking to be declared the governor following Matawalle’s defection to the APC, was also dismissed. The court held that Ali cannot succeed the governor on account of his defection from the PDP to APC.