Defection: Court Declines Zamfara LG Chairmen’s Request to Join Suit Seeking Matawalle’s Sack

Alex Enumah in Abuja

Justice Inyang Ekwo of the Federal High Court, Abuja yesterday refused to join Chairmen of 14 Local Government Councils in Zamfara in a suit seeking the sack of Governor Bello Matawalle and others over their alleged unlawful defection from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).
Justice Ekwo in a ruling held that the applicants could not be joined in the suit because they are unnecessary parties and not needed for whatever reason.

The judge described them as busy bodies and meddlesome interlopers seeking to fish in another person’s troubled waters.
According to the court, a careful look into the processes filed by the Local Government Chairmen including their affidavit, showed no nexus between them and governor Matawalle in the suit.

The court in addition held that the applicants’ motions were strange and unknown to law because no claim was made against them whatsoever by the plaintiff.
The chairmen had through their lawyer, Emeka Okpoko, argued that the court’s decision would affect their interest and the entire councils.
The Council Chairmen included: Ahmed Anka, Aminu Kofoji, Kabiru Ladan, Bashir Muawiya, Mohammed Sadiq, Abubakar Takwas, Sanusi Sarki, Nasiru Yakamata and Ummaru Maradun.

Others were Salisu Dangulbi,  Abdulrahman Shinkafi,  Dahiey Garbadu, Aminu Tsafe and Auwal Moriki.
Matawalle, Zamfara State and federal lawmakers from the PDP had defected to the All Progressives Congress (APC) last year, a move that resulted to the current litigation.

The plaintiff in the suit marked: FHC/ABJ/CS/650/2021, dated and filed on April 6, asked the court to declare the action of the governor as well as the lawmakers illegal, unconstitutional and therefore should be removed from office.

But the LG Chairmen in their motion on notice claimed that they would be terribly shortchanged and denied the services of the 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 applicants who said the issues cannot be effectively determined without their joinder, said Section 36 of the 1999 Constitution guarantees fair hearing to them.
But Chief Emmanuel Ukala, counsel to the PDP and Mahdi Mohammed, the impeached deputy governor, opposed to the motion for joinder.
Ukala informed the court 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.

The senior lawyer submitted that the standard practice for joinder is one that has to be affected by a decision to be joined.
Justice Ekwo agreed with the plaintiff that the application of the chairmen lacked merit and liable to dismissal.
He subsequently dismissed the application for want of merit.

Meanwhile, the Judge fixed October 27, for hearing of the substantive suit seeking removal of governor Matawalle from office as Zamfara governor on account of the alleged unlawful defection.

Chief Ogwu Onoja who stood for PDP at yesterday’s proceedings lauded the verdict for rejecting the bid by the Council Chairmen to delay the PDP’S suit through frivolous, unwanted and baseless joinder application.

The senior lawyer said the stage has been set for final determination of the governor’s fate with the dismissal of the joinder request.