JUDICIARY
Alleged Defection: Court Dismisses APC’s Suit Seeking Tambuwal’s Removal
A Federal High Court in Abuja on Tuesday dismissed a suit filed by the All Progressives Congress (APC) seeking the removal of Gov. Aminu Tambuwal of Sokoto State for defecting from the party to the Peoples Democratic Party (PDP) on Aug. 1, 2018.
Justice Inyang Ekwo, in a judgment, refused to grant the request on the ground that similar suits were voided by the Court of Appeal in several judgments.
Justice Ekwo said that since the Appeal Court’s judgments which held that governors cannot forfeit their seats on grounds of defection had not been set aside by the Supreme Court, they remained the law and binding on lower courts.
Report says that Tambuwal, who was elected as governor on the APC’s platform, had on Aug. 1, 2018 defected to PDP less than a year to the expiration of his tenure.
APC had, in the originating summons marked: FHC/ABJ/CS/449/2022 and filed on April 5, 2022, asked the court to invoke Sections 177, 179 and 189 of the 1999 Constitution to declare the governorship seat of Sokoto State vacant on the account of defection by Tambuwal to another party.
The party sued the Independent National Electoral Commission (INEC), PDP and Tambuwal as 1st to 3rd defendants respectively.
The party sought a declaration that by defecting from APC to PDP, a political party that did not win the governorship election in the state, Tambuwal had “resigned or was deemed to have resigned from the office of the Governor of Sokoto State with effect from from 1st August, 2018 until the end of the tenure on the 28th May, 2019.”
It sought an order declaring all actions, functions and duties performed by Tambuwal from Aug. 1, 2018 to May 28, 2019 as unconstitutional, unlawful, illegal, null and void.
It also prayed for an order compelling the governor to immediately refund all salaries received from Aug. 1, 2018 to May 28, 2019 to the end of that tenure, including allowances and security votes
Besides, APC sought a declaration that Tambuwal was unfit to hold public office for violating the provisions of the 1999 Constitution (as Amended).
Justice Ekwo held that lawyers ought to have counselled their clients in respect of such matters that are pending before the Supreme Court.
He said it would amount to an exercise in futility for a Federal High Court to decide on a matter pending before the apex court.
The judge, who held that the case of APC failed and lacked merit in view of the position of the Court of Appeal on similar matters, dismissed the suit.(NAN)
A Kano State High Court has restrained the National Chairman of the All Progressives Congress (APC), Dr Abdullahi Umar Ganduje, from parading himself as a member of the party.
Justice Usman Malam Na’abba, on Wednesday, made the order, following an exparte motion filed by Dr Ibrahim Sa’ad on behalf of two APC executive members of Ganduje ward, Dawakin-Tofa Local Government Area.
The plaintiffs are the party’s Assistant Secretary, Laminu Sani, and its Legal Adviser, Haladu Gwanjo.
The duo are among the nine ward executive members who suspended Ganduje from the party at the ward level, two days ago.
The respondents in the case include, All Progressives Congress (APC), APC National Working Committee (NWC), APC Kano State Working Committee (KSWC), and Dr Abdullahi Umar Ganduje.
Granting the motion, Na’abba made an order restraining Ganduje from parading himself as APC National Chairman.
The court further made an order directing Ganduje to henceforth, desist from presiding over all affairs of the APC National Working Committee (NWC).
The court directed the respondents to henceforth maintain status quo ante belum as from April 15, pending the hearing and determination of the substantive suit on April, 30.
Justice Na’abba also granted the plaintiff’s prayer which ordered the APC SWC, from interfering with the legally and validly considered decision of executives of Ganduje ward, essentially on action endorsed by two thirds majority of the executives as provided by the party constitution.
“An order is hereby granted directing all parties in the suit APC (1st), APC National Working Committee (2nd), Kano State Working Committee APC (3rd), Dr. Abdullah Umar Ganduje (4th), to maintain status quo ante belum as of 15th April, 2024.
“The order thereby restraining the 1st respondent (APC) from recognizing the 4th respondent (Ganduje) as member of APC and prohibiting the 4th respondent (Ganduje) from presiding over any affairs of the NWC and restraining the state Working Committee from interfering with the legal and valid decision of the ward executives of Ganduje ward.
“That the 4th respondent (Ganduje) is prohibited from parading himself as member of APC or doing any act that may portray him or seem to be a member of APC, pending the hearing and determination of the substantive suit”.
It will be recalled that nine members of the Ganduje ward proclaimed the suspension of the National Chairman of APC over the allegation of corruption slammed on him by the Kano state government.
The nine APC executives said they were prompted to act following a petition written by one Ja’afaru Adamu, a member of APC from Ganduje’s polling unit.
In the petition, Adamu made allegations of corruption charges against the former governor just as he urged the ward leaders to investigate the matter to redeem the dented image of the party against the backdrop of President Bola Tinubu’s fight against corruption.
Following the failure of the Ward Chairman and Secretary to act on the petition, nine members of the executives, led by the legal adviser, acted and took the decision that led to the suspension Ganduje. (NAN)
A Jos Magistrates’ Court, on Wednesday, sentenced a 28-year-old businessman, Peter Sunday to one year imprisonment for stealing motor parts valued at N200,000.
The Magistrate, Mr Shawomi Bokkos, summarily sentenced Sunday after he pleaded guilty to the charge.
Bokkos, however, gave the convict an option to pay N30,000 and a compensation of N100,000 to the complainant.
The magistrate held that the punishment would serve as deterrent to other would-be offenders.
Earlier, the Prosecutor, Insp Labaran Ahmed, told the court that the case was reported on March 19, at the “B” Police station Bukuru by one Stephen Dung, the complainant.
The prosecutor alleged that the convict had trespassed into a mechanic workshop and stole the gearbox.
He told the court that the convict was however, apprehended at the point of his wanting to sell the stolen item.
The offence, according to him, is punishable under the Plateau state Penal Code Law. (NAN)
A Jos Magistrates’ Court on Wednesday sentenced a 29-year-old security guard, Harow Mali to three months imprisonment for stealing 25 litres of diesel.
The Judge, Shawomi Bokkos, summarily sentenced Mali after he pleaded guilty.
Bokkos, however, gave the convict an option to pay N10,000 fine.
The judge said the punishment would serve as deterrent to other would-be offenders.
Earlier, the Prosecution Counsel, Insp Labaran Ahmed told the court that the case was reported on March 20, at the “A” Police station Jos by one Yab Sunday, the complainant.
The prosecutor said the convict was caught with the 25 litres of diesel by the Police.
The offence, according to him, is punishable under the Plateau state Penal Code Law. (NAN)
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