The request of the All Progressives Congress (APC) to sack Sokoto State Governor, Aminu Waziri Tambuwal on account of his alleged unlawful defection from the party to the Peoples Democratic Party (PDP) has been denied.
OsunDaily News understands that a Federal High Court sitting in Abuja on Tuesday refused to grant the APC its request saying a sitting governor can not be sacked on the basis of defection to another party.
In his judgement on Tuesday, trial Judge, Justice Inyang Ekwo held that a similar request on the subject matter has in the past been voided by the Court of Appeal in several judgments.
Therefore, the judgment of the court would not be any different because governors cannot forfeit their seats on grounds of defection and it had not been set aside by the Supreme Court, whose judgment remained the law and binding on lower courts.
Justice Ekwo told lawyers of the APC that they ought to have counselled their clients in respect of such matters that are pending before the Supreme Court, noting that it would amount to an exercise in futility for a Federal High Court to decide on a matter pending before the Apex Court.
Justice Ekwo held that the case of APC fails and lacks merit in view of the position of the Court of Appeal on similar matters and the Judge subsequently dismissed the suit, which had the Independent National Electoral Commission (INEC), PDP and Alhaji Aminu Waziri Tambuwal as 1st to 3rd defendants respectfully.
It would be recalled that APC had, in the suit marked FHC/ABJ/CS/449/2022 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 claimed that it won the Sokoto governorship election in 2019 on its platform and that Tambuwal must be made to surrender its mandate if he chooses to go to another party.
