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Alleged Defection: Court makes crucial decision in APC’s Suit Seeking Tambuwal’s Removal

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Alleged Defection: Court Dismisses APC’s Suit Seeking Tambuwal’s Removal

 

In a recent development, a Federal High Court in Abuja has dismissed a suit filed by the All Progressives Congress (APC) seeking the removal of Gov. Aminu Tambuwal of Sokoto State. The suit was filed on the grounds of his defection from the party to the Peoples Democratic Party (PDP).

 

In a recent judgement, Justice Inyang Ekwo declined to grant a request on the basis that previous cases with similar claims had been nullified by the Court of Appeal in multiple verdicts.

 

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Read Also: Big Trouble for Binani as Court refuses to hear the APC’s Guber candidate Motion

 

According to Justice Ekwo, the judgements of the Appeal Court which stated that governors cannot lose their seats due to defection still stand as they have not been overturned by the Supreme Court. Therefore, these judgements are legally binding on lower courts.

 

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Governor Tambuwal, who was elected under the APC’s banner, made a move to the PDP on August 1st, 2018, less than a year before the end of his term.

 

The All Progressives Congress (APC) has filed a summons marked FHC/ABJ/CS/449/2022 on April 5, 2022, requesting the court to declare the governorship seat of Sokoto State vacant under Sections 177, 179, and 189 of the 1999 Constitution. This is due to Governor Tambuwal’s defection to another political party.

 

The Independent National Electoral Commission (INEC), the People’s Democratic Party (PDP), and Tambuwal have been sued by the party as the first to third defendants, respectively.

 

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The party in question has filed for a declaration that Governor Tambuwal’s defection from the APC to the PDP, a political party that did not win the governorship election in Sokoto State, means that he has effectively resigned from his position as Governor. The party argues that this resignation took effect from August 1st, 2018 and will continue until the end of his tenure on May 28th, 2019.

 

A legal action has been taken to challenge the actions of Governor Tambuwal between August 1, 2018, and May 28, 2019. The plaintiff is seeking a declaration that all actions, functions, and duties performed by the governor during this period were unconstitutional, unlawful, illegal, null, and void.

 

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The plaintiff has filed a petition requesting that the governor be directed to refund all salaries, allowances, and security votes received during his tenure from Aug. 1, 2018, to May 28, 2019.

 

The All Progressives Congress (APC) has sought a declaration that former Speaker of the House of Representatives, Aminu Tambuwal, is unfit to hold public office for violating the provisions of the 1999 Constitution (as Amended).

 

According to Justice Ekwo, it is the responsibility of lawyers to advise their clients on matters that are currently under consideration by the Supreme Court.

 

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According to him, it would be pointless for a Federal High Court to make a decision on a case that is currently before the highest court in the land.

 

In a recent court ruling, the judge declared that the case presented by the APC was without merit and failed to meet the standards set by the Court of Appeal in similar cases. As a result, the suit was dismissed.

 

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