The Abuja Federal High Court has restored Mahdi Gusau as the deputy governor of Zamfara state following his impeachment by the state House of Assembly on February, 23, 2022, in spite of a subsisting court order.
Justice Inyang Ekwo while delivering judgment, and giving the order for Gusau to be reinstated, also set aside all the steps and actions taken by the state House of Assembly, former Governor Bello Matawalle and the state’s chief judge in the purported impeachment of Gusau while the suit was pending in court.
Justice Ekwo held that the act of the then assembly’s speaker, ex-governor, chief judge and others was an aberration and should not be allowed to stand, as it is null and void and of no effect whatsoever.
The trial judge also held that, contrary to the argument of counsel to the 5th to 38th defendants, he did not see in any of the judicial authorities cited and relied upon by the lawyer authorization that any litigant take extrajudicial action when a case was pending in court.
Justice Ekwo agreed with the plaintiff/applicant that the court must protect its dignity by reprimanding the speaker, governor and chief judge and undo the steps, acts or proceedings taken in the impeachment while this suit was still pending.
Matawalle, the three state senators, members of the House of Representatives and the House of Assembly had all defected from the Peoples Democratic Party (PDP) to All Progressives Congress (APC) since June 29, 2021.
Their defection made the PDP and Gusau, to institute a suit seeking the court to declare their seats vacant, having abandoned the party through which they got into the positions of power.
They had sued the Independent National Electoral Commission (INEC), APC, President of the Senate, House of Representatives Speaker, and House of Assembly Speaker as the first to fifth defendants, respectively.
Also joined in the suit were the 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.
(Editor: Paul Akhagbemhe)
