The Federal High Court in Abuja, on Monday, rejected appeals to stop the Zamfara State House of Assembly from continuing with the impeachment proceedings intiated against the Deputy Governor, Mahadi Gusau.
The judge, Inyang Ekwo, turned down the request of the lawyers to Mr Gusau and his party, the Peoples Democratic Party (PDP), who had sought an order directing parties to maintain status quo.
Mr Ekwo, instead, fixed March 10 for definite hearing in the suit.
The Zamfara State Governor, Bello Matawalle, had last year defected from the PDP – the party on whose platform he rose to power, to the ruling All Progressives Congress (APC).
Mr Gusau, the deputy governor, refused to defect to the APC with the governor, a development believed to be the major source of acrimony between the two of them.
In a show of loyalty to the governor in the wake of the political differences between the two men, the state lawmakers had last year threatened to remove the deputy governor over alleged misconduct.
A major allegation counted against him by the lawmakers was that he held a political rally amidst killings in the state. But he denied any wrongdoing.
Restrained
The Federal High Court, Abuja, later in July 2021, restrained the lawamakers and the Chief Judge of the state from taking steps to impeach the deputy governor.
But the state House of Assembly started fresh moves to remove the deputy governor earlier this month.
The lawmakers served him an impeachment notice about a week ago.
PREMIUM TIMES reported some days ago that 18 of the lawmakers voted for the continuation of the impeachment process.
Court hearing
In the light of the fresh impeachment moves against him, Mr Gusau and the PDP, on Monday, urged the court to revive its order issued in July last year to halt the fresh impeachment proceedings.
At the hearing, the plaintiffs’ lawyer, Emmanuel Ukala, appealed to the judge to make a definite pronouncement on maintaining the status quo.
In the alternative, the lawyer urged the court to direct Mike Ozekhome, counsel for Mr Matawalle, and lawyers to other defendants – the Chief Judge of Zamfara State and the Speaker of the Zamfara State House of Assembly – to give an undertaking for maintenance of status quo.
But, in his response, Mr Ozekhome told the court that Mr 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 by the rules of court, 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. He said maintenance of status quo order was based on a mere letter of invitation sent to Mr Gusaau to appear before the parliament to answer certain questions, and not an order against impeachment.
Mr 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.
Ruling on the matter, Mr 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.
He, therefore, granted Mr Ozekhome seven days each to respond to the two applicantions and 21 days to respond to the main suit
The court also granted Mr Ukala time to file his responses.
Zamfara Chief Judge sets up probe panel
Meanwhile, the Zamfara State Chief Judge, Kulu Aliyu, has inaugurated a seven-member panel to investigate allegations against the deputy governor, following a request by the State House of Assembly.
Mrs Aliyu explained the use of “shall” in section 185 (5) as imposing a duty on her office to appoint a panel consisting of people of unquestionable character, integrity and honesty to investigate the deputy governor.
PREMIUM TIMES reported that the State House of Assembly has been making moves to remove the deputy governor.
Eighteen members of the House had voted in support of the impeachment move last week.
The seven-member panel is headed by a retired judge, Tanko Soba. The members are Oladipo Okpeseyi (SAN), Abdul Ibrahim (SAN), Hussaini Zakariya’u, Amina Marafa, Sani Mande and Ahmad Rabah while Ashiru Tsafe will serve as the Secretary.
Mrs Aliyu asked members of the panel to give the deputy governor a fair hearing and chance to defend himself against allegations of gross misconduct, financial fraud, abuse of office and breach of the constitution.
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