Federal High Court declines APC’s request to sack Sokoto State Governor Tambuwal over unlawful defection to the PDP. Justice Inyang Ekwo ruled in a suit by the APC that similar judgments by the Court of Appeal had already held that governors cannot forfeit their seats on grounds of defection.
The judge stated that it would be an exercise in futility for a Federal High Court to rule on a matter pending before the Supreme Court. The APC had invoked Sections 177, 179, and 189 of the 1999 Constitution (as amended) to declare the governorship seat of Sokoto State vacant, claiming that it won the Sokoto governorship election in 2019.
Justice Ekwo noted that lawyers should counsel their clients in respect of matters pending before the Supreme Court, and that the judgments of the Court of Appeal remain the law and binding on lower courts. Therefore, the case of the APC lacked merit in view of the position of the Court of Appeal on similar matters.
This judgment means that Governor Tambuwal remains the Governor of Sokoto State despite his defection from the APC to the PDP. The court’s decision is a victory for Tambuwal and the PDP, and a setback for the APC in their attempt to unseat the governor. The ruling will also have significant implications for other cases in which political officeholders are accused of unlawful defection.
The Federal High Court has declined the APC’s request to sack Governor Tambuwal over his alleged unlawful defection to the PDP. The judgment is based on the position of the Court of Appeal on similar matters, which remains the law and binding on lower courts. It underscores the need for political officeholders and their lawyers to seek legal counsel in respect of matters that are pending before higher courts