THE Appeal Court in Sokoto division has dismissed the case brought before it by a former deputy governor of Zamfara State, Mahadi Aliyu Gusau, demanding the removal of Governor Bello Mohammed Matawalle, as the governor of the state, Tribuneonlineng reports.
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The Appeal Court presided over by Justice A. A. Gumel on Wednesday affirmed the earlier judgment of the Federal High Court, Gusau, which held that 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 Mahadi Aliyu Gusau, the impeached former deputy governor of the state, 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 Justice A.A Gumel, the presiding judge of the Court of Appeal, Sokoto division.
The other justices who concurred with the judgment were Justice Mukhtar and Justice Dan-Juma. Meanwhile, the APC in Zamfara State has expressed happiness over the judgment.
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