Court fixes June 14 to rule on PDP’s suit seeking removal of Matawalle, others

Federal High Court sitting in Abuja has fixed ruling on the defection of Zamafara State Governor, Bello Matawalle along with members of the state’s lawmakers at the National Assembly, for June 14.

Presiding judge, Justice Inyang Ekwo after hearing the applications from all parties adjourned until June 14 to rule on the matter.

The plaintiff, the Peoples Democratic Party (PDP) had initially launched a legal battle at the Supreme Court in July 2021 to reclaim its mandate from Governor Matawalle, as well as federal and state lawmakers who defected along with him to the ruling All Progressives Congress (APC) in June of same year.

The Supreme Court suit filed solely by the PDP as the petitioner/plaintiff, is different from the one filed at the Federal High Court in Abuja by members of the PDP in Zamfara State, seeking to the removal of the governor.

However, with the conclusion of that suit which reserved judgement, the PDP resumed its battle at the Federal High Court in Abuja through its state chapter.

In March 2020, the High Court fixed April 8 for adoption of final written addresses in the suit filed by the PDP against Matawalle and others.

Justice Inyang Ekwo had fixed the date after parties to the suit confirmed joining issues with one another.

As hearing resumed, Friday, 14 chairmen of local government councils in Zamfara, prayed a Federal High Court, Abuja to join them in the PDP’s suit against Matawalle and others.

The chairmen, through their lawyer, Emeka Okpoko, told Justice Inyang Ekwo that whatever decision was given by the court would affect their interest and the entire councils.

The chairmen include; Ahmed Anka, Aminu Kofoji, Kabiru Ladan, Bashir Muawiya, Mohammed Sadiq, Abubakar Takwas, Sanusi Sarki, Nasiru Yakamata and Ummaru Maradun.

Others are; Salisu Dangulbi, Abdulrahman Shinkafi, Dahiey Garbadu, Aminu Tsafe and Auwal Moriki.

Matawalle, state and federal lawmakers from the state defected from the PDP to the All Progressives Congress, APC.

The PDP, in a suit marked: FHC/ABJ/CS/650/2021 is praying the court for an order removing Mr Matawalle as governor over his defection to APC.

The party also asked the court to sack the senators, House of Representatives members and state House of Assembly members who decamped alongside the governor to APC.

The chairmen, in a motion on notice dated and filed on April 6, also said that whatever verdict delivered by the court would affect their federal constituencies, senatorial districts and the mandate given to the governor and all the lawmakers (5th to 38th defendants) in the state.

They said they would be terribly shortchanged and denied the services of these defendants at both state and national levels if the court acceded to the request of PDP without hearing from them.

According to them, their overall interests and that of the good people of Zamfara are better served and protected with the 2nd defendant (All Progressives Congress) being a federal party.

The chairmen said they were necessary parties in the suit and ought to be joined as they would eventually be bound by whatever relief granted by the court.

The applicants, who said that the issues cannot be effectively determined without their joinder, said Section 36 of the 1999 Constitution guarantees a fair hearing to them.

Moving their motion, Okpoko said the application prayed for an order granting leave to the applicants to be joined in the matter as 39th to 52nd defendants and for all the processes to be amended and served on his clients.

He argued that the real test was whether the interest of the persons seeking to be joined would be irreparably prejudiced if not joined.

However, Emmanuel Ukala, SAN, counsel to the PDP and Barrister Mahdi Aliyu Mohammed, the impeached deputy governor, opposed to the motion for joinder.

Ukala informed that a counter affidavit had been filed to the effect on April 13, urging the court to dismiss the application.

He argued that his clients did not make any claim against the chairmen that would have affected them.

“They cannot rely on passing interest of a party to apply to be joined,” he said.

The senior lawyer submitted that the standard practice for joinder is one has to be affected by a decision to be joined.

According to him, they are not necessarily parties.

On his part, Chief Mike Ozekhome, SAN, disagreed with Ukala’s submission.

Ozekhome, who appeared for the 5th to 38th defendants (Matawalle and the lawmakers), backed the submission of Okpoko.

“We have an affidavit dated and filed on April 28. We are agreeing with the motion for joinder my lord,” he said.

Calling the attention of the court to Paragraph 4 of his application, he reminded that the court had also joined the impeached deputy governor as 2nd plaintiff when he applied.

“Therefore, the court can exercise its discretion whether the parties can be joined,” he said.

Ozekhome disagreed with argument that the chairmen were not necessary parties.

Citing a previous case, the senior lawyer argued that not only a necessary party can be joined in a suit but also a proper and interested party.

He said the applicants are chairmen of local government councils in the state and are therefore interested, proper and necessary parties.

The PDP is praying the court for an order removing Bello Matawalle as governor over his defection from the party to All Progressives Congress (APC).

The party also asked the court to sack the near 37 legislators of the National Assembly comprising senators, House of Representatives members and State House of Assembly’s members from Zamfara State who decamped alongside the governor to APC.

Counsel for the PDP (plaintiff), Emmanuel Ukala, SAN, confirmed that all his processes had been filed and served on all the defendants.

In the originating summons by Ukala (SAN), PDP is seeking a declaration that sequel to the Supreme Court judgement of 2019 in APC and another Senator Kabiru Marafa and 179 others, only members of the PDP, including Matawalle then, were entitled to hold the office of the governor and deputy governor or member of the Zamfara State House of Assembly “or occupy any position or seat as a senator or member of the House of Representatives of the Nigerian National Assembly for the purpose of representing any senatorial district or electoral constituency in Zamfara State for the period beginning from May 29, 2019 and ending May 28, 2023.”