A Federal High Court (FHC), Abuja, on Wednesday, gave an order restoring Mr Mahdi Gusau as the Deputy Governor of Zamfara State following his impeachment by the State’s House of Assembly on Feb. 23, 2022. This was inspite of a subsisting court order.
Justice Inyang Ekwo, in a judgement, also set aside all the steps and actions taken by the House of Assembly, former Gov. Bello Matawalle and the state’s chief judge in the purported impeachment of Gusau during the pendency of the suit in court.
Justice Ekwo, who held that the act of the then assembly’s speaker, ex-governor, chief judge and indeed others was an aberration and cannot be allowed to stand, decsribed it as “null and void and of no effect whatsoever.”
“I agree with the learned silk for the plaintiff/applicant that the court must protect its dignity by reprimanding the 5th, 6th and 7th defendants (speaker, governor and chief judge) and undoing the steps, acts or proceedings taken in the impeachment while this suit was pending,” he said.
The News Agency of Nigeria (NAN) reports that Matawalle, the three state’s senators, members of House of Representatives and that of House of Assembly had all defected from the Peoples Democratic Party (PDP) to All Progressives Congress (APC) on June 29, 2021.
Following their defection, the PDP and Gusau, the then Deputy Governor, who did not cross carpet along with them, had in a suit marked: FHC/ABJ/CS/650/2021, asked the court to declare their seats vacant having abandoned the party through which they got into the positions of power.
The plaintiffs had sued the Independent National Electoral Commission (INEC), APC, President of the Senate, House of Representatives Speaker and House of Assembly Speaker as 1st to 5th defendants respectively.
Also joined in the suit are Zamfara State Governor, Chief Judge, Bello Matawalle, the three senators, House of Representatives members and all members of the state’s House of Assembly as 6th to 38th defendants respectively.
They sought an order of mandatory injunction compelling INEC to accept the list of the PDP candidates issued for the purpose of holding and occupying the office of Governor, the State and federal lawmakers.
They also sought for an order for INEC to issue certificates of return to each of the said candidates for the purpose of holding and occupying the said offices purportedly occupied by members of the APC “in defiance of the decision of the Supreme Court in SC. 377/2019: APC v. Senator Kabiru Garba Marafa and others for the unspent electoral term of office of May 29, 2019 to May 28, 2013.”
They also sought an order compelling the defendants to swear in Gusau as governor on PDP’s platform to complete the tenure of office, among others. The FHC had, on July 19, 2021, restrained the House of Assembly from proceeding with its planned impeachment of Gusau as Deputy Governor.
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