The Court of Appeal, Sokoto Judicial Division North West Nigeria, presided over by Justice Ali Abubakar Gumel has dismissed the suit filed by some People’s Democratic Party PDP members and the impeached former deputy governor of Zamfara state, Mahadi Aliyu Gusau, seeking the removal of Zamfara State Governor Bello Matawalle from office for defecting from the PDP to the APC.
The court affirmed the earlier decision of the Federal High Court, Gusau, which had held that Gov. Matawalle cannot be removed from office simply because he defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC)
The Court of Appeal in a unanimous judgment, held that Matawalle has the right to defect to any political party of his choice.
The court held that the provision of the constitution is clear to that effect that no punishment was provided against a governor who defects to another party.
It also indicated that Matawalle cannot vacate his seat and no court of law can remove him just because of his decision to defect to another political party of his choice.
Similarly, the court, while dismissing the cross-appeal filed by the impeached former deputy governor of Zamfara state, Mahadi Aliyu Gusau, held that Mahadi Aliyu Gusau cannot succeed Matawalle merely because he defected from PDP to APC.
The Court of Appeal, therefore, awarded N1 million cost in favour of the first and second respondents in the main appeal.
The two judgments were delivered by the presiding judge of the Court of Appeal, Sokoto division Justice Ali Abubakar Gumel.
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