A Federal High Court in Abuja on Friday dismissed a suit seeking the removal of the All Progressives Congress (APC) and its candidate, Bello Matawalle from the Zamfara governorship election.
Justice Inyang Ekwo, in his judgement, held that the case of the plaintiffs lacked merit.
The plaintiffs; National Rescue Movement (NRM), a political party, and Saidu Dansadau, its governorship candidate, had sued the Independent National Electoral Commission (INEC) as 1st defendant.
Also joined in the suit were the Peoples Democratic Party (PDP), Accord Party (AP), APC, Matawalle, Bala Maru, Mahdi Gusau, Nasiru Magarya as 2nd to 8th defendants respectively.
The plaintiffs had asked the court to determine whether after due construction of Sections 1 (1) (2), 177 (c), ] 178 (1), 180 (d), 221 of the 1999 Constitution (as amended), the judgments of the Supreme Court in suit: SC/377/2019 between APC vs. Marafa & 179 others; and SC/648/2016 between Faleke vs. INEC.
Delivering the judgement, Justice Ekwo held that the constitution does not prescribe any penalty against a governor or deputy governor who defects from the political party on whose ticket he got into office to another political party.
The judge said that having identified the lacuna in the constitution, the trial court had no power or jurisdiction filling the gap, or interpreting what the constitution had not made provision for.
“The case of the plaintiffs falls for lacking in merit and I make an order dismissing it," the judge concluded.
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