*Seeks protection from removal from office for deputy governor

*Demands apex court’s approval to replace defectors


*Names Lawan, Gbajabiamila, APC, INEC, others defendants

Chuks Okocha

The Peoples Democratic Party (PDP) has launched a legal battle at the Supreme Court to reclaim its mandate from Zamfara State Governor, Alhaji Bello Matawalle, as well as federal and state lawmakers that defected along with him to the ruling All Progressives Congress (APC).

The new 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.


The suit is supported by a 26-point affidavits deposed by the National Secretary of PDP, Senator Umar Tsuari.

The party, in the suit filed by Mr. Emmanuel Ukala (SAN), joined Senate President, Dr. Ahmad Lawan; the Speaker of the House of Representatives, Hon. Femi Gbajabiamila; the Chief Judge of Zamfara State and the Speaker of the Zamfara State House of Assembly, as defendants.

Other defendants are the APC and the Independent National Electoral Commission (INEC).


Matawalle, who last month joined the APC, became governor after the Supreme Court had annulled the victory of the APC, which won the 2019 general election in the state, and declared the party (PDP) with the second largest lawful votes as winner.

Others on the PDP legal team include Mr. Edward Obiokor, M.S. Agwu, Miss O.J. Iheko, Dike Udenna, Okechukwu Omeodu and Reginald WB Nnwoka.

The first defendant in the new suit is the INEC while the APC is the second defendant. Lawan is the third defendant and Gbajabiamila is the fourth defendant.


The speaker of the state House of Assembly, Matawalle and the state chief judge are the fifth to seventh defendants respectively.

In the suit, the PDP asks the Supreme Court to declare vacant the seats of all its members in the National Assembly and Zamfara State House of Assembly that defected to the APC.

The party sought accelerated hearing of the suit, saying the matter should be determined within 30 days after the service of summons on them, inclusive of the day of such service.


It said the apex court should cause the defendants for an appearance to be entered for them upon the receipt of the summons.

In court documents obtained by THISDAY at the weekend, the PDP is seeking a declaration that “sequel to the decision of the Supreme Court in SC. 377/2019: All Progressives Congress (APC) and Another v. Senator Kabiru Garba Marafa and 179 others (2020) 6 NWLR (Pt. 1721) 383, only members of the Peoples Democratic Party (PDP), the plaintiff herein, are entitled to occupy or hold the office of governor, deputy governor, or member of the House of Assembly of Zamfara State or occupy any position or seat as a senator or a 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 on May 28, 2023.


“A declaration that the Supreme Court of Nigeria, having expressly held in SC. 377/2019: All Progressives Congress (APC) and Another v. Senator Kabiru Garba Marafa and 179 others (2020) 6 NWLR (Pt. 1721) 383 at 433 that “a party that has no candidates in an election cannot be declared the winner of the election”, that all the votes credited to the alleged candidates of the All Progressives Congress “in the 2019 general elections in Zamfara State are wasted votes” and having “ordered that candidates of parties other than the 1st appellant (the 2nd defendant herein) with the highest votes and the required spread stand elected into the various offices that were contested for in Zamfara State in the 2019 general elections, members of the All Progressives Congress (APC) are foreclosed and debarred from occupying or holding the office of governor or deputy governor of Zamfara State, or the membership of the House of Assembly of Zamfara State or senator in respect of any senatorial district of Zamfara State or membership of the House of Representatives in respect of any constituency in Zamfara State for the period of May 29, 2019 until May 28, 2023.


“A declaration that in view of the decision of the Supreme Court of Nigeria in Faleke v. INEC (2016) 18 NWLR (Pt. 1543) 61 at 158, all the votes cast for the candidates of the plaintiff in 2019 general elections in respect of the offices of governor and deputy governor of Zamfara State, in respect of membership of the House of Assembly of Zamfara State, in respect of senatorial seats in all the senatorial districts in Zamfara State and in respect of membership of the House of Representatives for all the constituencies in Zamfara State, are votes cast for the plaintiff and the said votes are transferable at the instance of the plaintiff to its candidates.”


The PDP, based on its submissions, is seeking “an order of mandatory injunction “compelling the 1st defendant by itself or by its servants, or agents to accept the list of the plaintiff’s candidates issued by the plaintiff for the purpose of holding and occupying the office of governor of Zamfara State, members of the House of Assembly of Zamfara State, members of the Senate in respect of the senatorial districts in Zamfara State and members of the House of Representatives in respect of constituencies in Zamfara State and to issue certificates of return to each of the said candidates for the purpose of holding and occupying the said offices now purportedly occupied by members of the 2nd defendant in defiance of the decision of the Supreme Court in SC. 377/2019: All Progressives Congress v. Senator Kabiru Garba Marafa and others for the unspent electoral term of office of May 29, 2019 to May 28, 2013.


The main opposition party also wants the apex court to issue “an order of injunction restraining the 3rd defendant by himself or by his servants or agents from recognising or continuing to recognise any member of the 2nd defendant (All Progressives Congress), claiming title to or purporting to represent any senatorial district in Zamfara State for the term of office of May 29, 2019 to May 28, 2023 or in any manner whatsoever denying recognition to or withdrawing recognition from the plaintiff’s candidate representing the senatorial district.


“An order of injunction restraining the 4th defendant by himself or by his servants or agents from recognising or continuing to recognise any member of the 2nd defendant (All Progressives Congress), claiming title to or purporting to represent any House of Representatives constituency in Zamfara State for the term of office of May 29, 2019 to May 28, 2023 or in any manner howsoever denying recognition to or withdrawing recognition from the plaintiff’s candidate representing the constituency.

“An order of injunction restraining the 5th defendant by himself or by his servants or agents from recognising or continuing to recognise any member of the 2nd defendant (All Progressives Congress) claiming title to or purporting to represent any constituency in Zamfara State for the term of May 29, 2019 to May 28, 2023 or in any manner howsoever denying recognition to or withdrawing recognition from the plaintiff’s candidate representing the constituency.

Supreme Court was express in its ruling that APC had no candidate in Zamfara and cannot hold office.

Mathematically, - x - = -

APC in Zamfara is a hollow space, a bottomless pit. Anybody who walks into it will get drowned; until a sandfilling happens in the next election cycle.

Except Buhari issues a directive to our Sharia CJN, PDP has a good case.

Fergie001
Kahal
Ejimatic
Garfield

Penguin2:
Supreme Court was express in its ruling that APC had no candidate in Zamfara and cannot hold office.

Mathematically, - x - = -

APC in Zamfara is a hollow space, a bottomless pit. Anybody who walks into it will get drowned; until a sandfilling happens in the next election cycle.

Except Buhari issues a directive to our Sharia CJN, PDP has a good case.

Fergie001
Kahal
Ejimatic
Garfield

. I disagree a bit with your submission. A governor can defect to another party if there is a crisis in his party.The freedom is there for them.However in some cases the crisis is trivial yet it will be capitalized upon.Investigatiing what made a governor defect to another party or the genuiness of the issue is not the duty of the SC.That is why defection is flourishing in the National Assembly and among the governors. So like similar cases in Nigeria ,Zamfara defected governor will be victorious as long as he is using his consttuitional freedom to defect if dissatisfied with the situation in the PDP .SC cannot do anything on it.

Nigeria

ejimatic:
. I disagree a bit on with your submission. A governor can defect to another party if there is a crisis in his party.The freedom is their for them.However in some cases the crisis is trivial yet it will be capitalized upon.Investigatiing what made a governor defect to another party or the genuiness of the issue is not the duty of the SC.That is why defection is flourishing in the National Assembly and among the governors So like similar cases in Nigeria Zamfara defected governor will be victorious as long as he is using his using his consttuitional freedom to defect if dissatisfied with the situation in the PDP .SC cannot do anything on it.

meet a legal person to educate you better..

This particular defection is unique ..

ejimatic:
. I disagree a bit on with your submission. A governor can defect to another party if there is a crisis in his party.The freedom is their for them.However in some cases the crisis is trivial yet it will be capitalized upon.Investigatiing what made a governor defect to another party or the genuiness of the issue is not the duty of the SC.That is why defection is flourishing in the National Assembly and among the governors So like similar cases in Nigeria Zamfara defected governor will be victorious as long as he is using his using his consttuitional freedom to defect if dissatisfied with the situation in the PDP .SC cannot do anything on it.

it's only court that can declare a division or crisis in a Party. That guy may loose his seat to the deputy governor. He only enjoyed that seat because he was a member of pdp because he didn't win the election based on supreme Court judgment.

ejimatic:
. I disagree a bit on with your submission. A governor can defect to another party if there is a crisis in his party.The freedom is their for them.However in some cases the crisis is trivial yet it will be capitalized upon.Investigatiing what made a governor defect to another party or the genuiness of the issue is not the duty of the SC.That is why defection is flourishing in the National Assembly and among the governors So like similar cases in Nigeria Zamfara defected governor will be victorious as long as he is using his using his consttuitional freedom to defect if dissatisfied with the situation in the PDP .SC cannot do anything on it.

Isn't the defection thing about Assembly seats not governors who can only be removed by impeachment?

vedaxcool:


Isn't the defection thing about Assembly seats not governors who can only be removed by impeachment?

Can house members not be removed by recall process?

Saao:
it's only court that can declare a division or crisis in a Party. That guy may loose his seat to the deputy governor. He only enjoyed that seat because he was a member of pdp because he didn't win the election based on supreme Court judgment.

. Constitunalky he is free to defect to any point of his choice based on the existing crisis in his party.The constitution should have been precise on the matter and forbidden defection under any guise.As long as the loophole is there he is free to defect pronto

ejimatic:
. I disagree a bit with your submission. A governor can defect to another party if there is a crisis in his party.The freedom is there for them.However in some cases the crisis is trivial yet it will be capitalized upon.Investigatiing what made a governor defect to another party or the genuiness of the issue is not the duty of the SC.That is why defection is flourishing in the National Assembly and among the governors. So like similar cases in Nigeria ,Zamfara defected governor will be victorious as long as he is using his consttuitional freedom to defect if dissatisfied with the situation in the PDP .SC cannot do anything on it.

. Unless defection is forbidden outright by the constitution ,politicians will continue to defect on trivialities.

ejimatic:
Can house members not be removed by recall process?

Lolz.....with the way nigerian constitution is


It's almost impossible to recall a lawmaker

Penguin2:
Supreme Court was express in its ruling that APC had no candidate in Zamfara and cannot hold office.

Mathematically, - x - = -

APC in Zamfara is a hollow space, a bottomless pit. Anybody who walks into it will get drowned; until a sandfilling happens in the next election cycle.

Except Buhari issues a directive to our Sharia CJN, PDP has a good case.

Fergie001
Kahal
Ejimatic
Garfield

The question that will resolve this issue is whether Defection is a constitutional ground for sacking or removing a governor?

If the answer is YES then Mattawalle is gone but if NO then he stays.

To help you answer Yes or No see below the supreme court judgement between Obasanjo and Atiku.

https://nigerialii.org/ng/judgment/supreme-court/2007/179-0

Skyfly007:
meet a legal person to educate you better..

This particular defection is unique ..

There's nothing to educate anyone here, even a market woman knows there's no case here. The verdict recognized him as a PDP candidate but doesn't prevent him from defecting as he never stood for the election as an APC candidate. Let's not add emotions to issues that are logical.

Penguin2:
Supreme Court was express in its ruling that APC had no candidate in Zamfara and cannot hold office.

Mathematically, - x - = -

APC in Zamfara is a hollow space, a bottomless pit. Anybody who walks into it will get drowned; until a sandfilling happens in the next election cycle.

Except Buhari issues a directive to our Sharia CJN, PDP has a good case.

Kahal
Ejimatic
Garfield

I have perused through your statements quite succinctly and find some merits but not enough to overturn certain positions.

There is a difference between morality and Constitutionality. The APC in Zamfara for the 2019 election was a bottomless pit but this is 2021.

Matawalle had a right to even have defected a day after his swearing-in, since the event(s) that brought him in has been overtaken by events.

The Constitution has designed the steps for the removal of a Governor & defection isn't one of them.

I have taken a painstaking look at Sections 180, 188, 189 and what Matawalle has done is immoral but not unconstitutional.

Whilst the Constitution had expressly stated in Section 68(1)g: that a member of the House or Senate should lose his seat when he defects (provided there is no division within his Party); It is silent on how it affects a Governor or his Deputy.

fergie001:

I have perused through your statements quite succinctly and find some merits but not enough to overturn certain positions.

There is a difference between morality and Constitutionality. The APC in Zamfara for the 2019 election was a bottomless pit but this is 2021.

Matawalle had a right to even have defected a day after his swearing-in, since the event(s) that brought him in has been overtaken by events.

The Constitution has designed the steps for the removal of a Governor & defection isn't one of them.

I have taken a painstaking look at Sections 180, 188, 189 and what Matawalle has done is immoral but not unconstitutional.

Whilst the Constitution had expressly stated in Section 68(1)g: that a member of the House or Senate should lose his seat when he defects (provided there is no division within his Party); It is silent on how it affects a Governor or his Deputy.

. The siilence on the matter in the constitution for Governor is a strength for Matawalle..Thank u for your additional concise and explicit contribution

TotoGame:


Lolz.....with the way nigerian constitution is


It's almost impossible to recall a lawmaker

. Exactly ! You are right.Will now be easy to remove a suiting governor because of his defection? My answer is No.

People running PDP are fools if only a third force may emerge, but they are d only party still on structure should PDP field a novice come 2023 is a sure bet but the dumbos will field atiku or tambuwa and loss

ejimatic:
. The siilence on the matter in the constitution for Governor is a strength for Matawalle..Thank u for your additional concise and explicit contribution

Always welcome, Sir.

ejimatic:
. I disagree a bit with your submission. A governor can defect to another party if there is a crisis in his party.The freedom is there for them.However in some cases the crisis is trivial yet it will be capitalized upon.Investigatiing what made a governor defect to another party or the genuiness of the issue is not the duty of the SC.That is why defection is flourishing in the National Assembly and among the governors. So like similar cases in Nigeria ,Zamfara defected governor will be victorious as long as he is using his consttuitional freedom to defect if dissatisfied with the situation in the PDP .SC cannot do anything on it.

Hmmm!

No problem, let’s wait to see what happens at the courts.

kahal29:


The question that will resolve this issue is whether Defection is a constitutional ground for sacking or removing a governor?

If the answer is YES then Mattawalle is gone but if NO then he stays.

To help you answer Yes or No see below the supreme court judgement between Obasanjo and Atiku.

https://nigerialii.org/ng/judgment/supreme-court/2007/179-0

Hmmm! Well, let’s see what happens at the courts.

fergie001:

I have perused through your statements quite succinctly and find some merits but not enough to overturn certain positions.

There is a difference between morality and Constitutionality. The APC in Zamfara for the 2019 election was a bottomless pit but this is 2021.

Matawalle had a right to even have defected a day after his swearing-in, since the event(s) that brought him in has been overtaken by events.

The Constitution has designed the steps for the removal of a Governor & defection isn't one of them.

I have taken a painstaking look at Sections 180, 188, 189 and what Matawalle has done is immoral but not unconstitutional.

Whilst the Constitution had expressly stated in Section 68(1)g: that a member of the House or Senate should lose his seat when he defects (provided there is no division within his Party); It is silent on how it affects a Governor or his Deputy.

Just hearing that the constitution is silent on the cross-carpeting of governors and their deputies.

Just maybe Mattawale will get away with this. Let’s see how it goes though.

Mere academic exercise but it’s good that they’ve decided to go to court instead of shouting and issuing empty threats on social media. It will enrich our jurisprudence and help reaffirm the earlier precedence on the defection of governors, Vice President and president already established by the Supreme Court in the Atiku case in 2007.