Gusau, Another Victim of Govs’ Reckless Abuse of Power

BRIEFINGNOTES

The removal of the Zamfara State Deputy Governor, Mahadi Aliyu Gusau, by the state House of Assembly has further exposed the overbearing influence of governors on the state legislatures and the futility of deputy governors’ attempts to assert their political independence, Ejiofor Alike writes

After months of battling the state Deputy Governor, Mahadi Ali Gusau, the Zamfara State House of Assembly eventually sacked him from office last Wednesday. For the sacked deputy governor, resignation should have been a more dignified option than allowing a pliable House of Assembly to sack him from office. But like his colleagues that had suffered the same fate in the hands of their governors in the past, Gusau stood his ground, with the false hope that democracy and judiciary would save him from executive recklessness.

The decision to remove Gusau was taken barely three hours after the assembly received the report of the investigative panel constituted by the state’s Chief Judge, Justice Kulu Aliyu to probe the allegations levelled against him by the lawmakers.

THISDAY gathered that though 18 members were required to sack the deputy governor out of the 24 members of the assembly, the 20 members who sat on Wednesday during the plenary, sacked him.

The Chairman of the Investigative Panel set up to probe him, Justice Haladu Tanko, said the committee demonstrated professional excellence and due diligence in the conduct of the assignment.

Responding, the Speaker of the assembly, Nasiru Magarya, commended the chairman and members of the committee for the job and promised to look clause by clause at the report in accordance with section 188 of the 1999 Constitution of the Federal Republic of Nigeria (as amended). He said the investigative panel found the deputy governor guilty of the charges against him.

As soon as the process was completed, without wasting any time, Governor Bello Matawalle immediately appointed Senator Hassan Gusau as the new deputy governor of the state. Until his appointment, Hassan was the senator representing Zamfara Central Senatorial District at the National Assembly.

Gusau’s disagreement with Matatwalle arose after he refused to join the governor to defect to the All Progressives Congress (APC).

Following his decision not to join the governor in his new party, the state legislature, just like other state lawmakers across the country, who are in the pockets of their governors, accused him of misappropriation of funds, gross misconduct, abuse of office, among other things.

The governor, his deputy and members of the state assembly had assumed offices on the platform of the Peoples Democratic Party (PDP) after the Supreme Court disqualified candidates of the APC, who had been declared winners in the 2019 elections for not conducting primary election.

But last year, the governor defected to the APC and took along with him, members of the State Executive Council and the state assembly. However, Gusau, who apparently failed to learn from the experience of other sacked deputy governors dared his boss and refused to defect to the APC.

Some political analysts, who had admired Gusau’s courage, believed that both the state legislature and the judiciary would assert their independence and save him from any trump-up charges the governor’s allies in the state assembly would prefer against him.

Others believed that the governor would respect the deputy governor’s father who is a renowned statesman and would not dare move against his son.

But in a show of loyalty to the governor in the wake of the political differences between him and Gusau, the state lawmakers had last year threatened to remove the deputy governor over alleged misconduct.

They accused him of holding a political rally amidst killings in the state. But the former deputy governor denied any wrongdoing.

Sensing that the state lawmakers were determined to remove him from office, the deputy governor approached a Federal High Court in Abuja to restrain the lawmakers and the state Chief Judge from constituting a panel to hear the allegations levelled against him.

Justice Inyang Ekwo, who heard the matter in July 2021, restrained the lawmakers and the Chief Judge of the state from taking steps to sack him by giving an order directing parties to maintain status quo.

However, no sooner than Gusau heaved a sigh of relief than the state assembly started a fresh move to remove him. The latest move was started early this month when they served him notice of removal. They later asked the Chief Judge to constitute an investigative panel to verify the allegations against the deputy governor.

The lawmakers, through the Chairman, House Standing Committee, Shamsudeen Basko, said Gusau was accused of three offences: Abuse of office, criminal self-enrichment using public funds and failure to discharge official duties; abuse of office, including Constitutional breach of sections 190 and 193 (1), (2) (a)(b)(c), of the Constitution of the Federal Republic of Nigeria 1999 (as amended); criminal self-enrichment using public funds; includes criminal diversion of state funds, conspiracy to defraud the state and approval of dubious retirement in his office; and failure to discharge constitutional duties, giving rise to insubordination.

Basko had boasted that nobody would be able to stop the removal of the embattled former deputy governor from office.

In the light of the fresh moves against him, Gusau and the PDP urged the court to revive its order issued in July last year to halt the fresh proceedings. At the hearing last Monday, the plaintiffs’ lawyer, Emmanuel Ukala, appealed to the judge to make a definite pronouncement for the maintanance of the status quo.

In the alternative, the lawyer urged the court to direct Mike Ozekhome (SAN), counsel for Matawalle, and lawyers to other defendants – the Chief Judge of the state and the Speaker of the state assembly – to give an undertaking for maintenance of status quo.

But, in his response, Ozekhome told the court that Ukala only served him the amended originating summons, the motion to revive the status quo, as well as a motion for interlocutory injunction just on Friday, February 11, 2022.

He argued that he was entitled to seven days each to respond to both motions and 30 days to respond to the amended originating summons.

He also argued that the status quo order granted in July 2021 had since expired after 14 days going by the rules of the Federal High Court.

Ozekhome said further that he would not give an undertaking which would have the effect of preventing the Zamfara State House of Assembly from carrying out its constitutional functions, including impeachment.

In his ruling, Justice Ekwo held that it was premature to hear the application for maintenance of status quo and the other processes. He advised both lawyers that whatever applications or grievances they might have should be taken to the next hearing date.

The judge therefore granted Ozekhome seven days each to respond to the two applications and 21 days to respond to the main suit.

The court also granted Ukala time to file his responses and consequently fixed March 10 for definite hearing in the suit.

Even though the judge did not specifically give the restraining order, he warned that no party should take any action during the pendency of the matter.

Despite the warning of the judge, the assembly last Wednesday quickly moved to sack Gusau.

The sack of Gusau clearly shows what deputy governors suffer in the hands of the principals, pliable Houses of Assembly and a helpless judiciary. Once a governor is not happy with his deputy, the next thing is to unleash the state House of Assembly on him or her through impeachment proceedings. Even the courts cannot save the deputy governor because most of the governors and state Houses of Assembly treat judicial pronouncements with contempt.

With Gusau’s removal, the Zamfara State lawmakers have ambushed Justice Ekwo and render his future pronouncement on the matter a mere academic exercise. At best, the courts will nullify Gusau’s sack by the time the tenure of their joint ticket has expired. That was the best judgment other former deputy governors secured in the past.

Many analysts have blamed Gusau for his travails. They posited that since he did not defect with Governor Matawalle to the APC, he should have known the consequences and honourably resign.