COURTROOM NEWS 15/02/2022
Court Fixes March 10 To Hear Suit Seeking To Stop Impeachment Of Zamfara Deputy Governor
A Federal High Court sitting in Abuja, on Monday, slated March 10, 2022, for definite hearing in a suit filed by the Zamfara State Deputy Governor, Mahadi Aliyu Gusau, seeking to stop the State House of Assembly from impeaching him on account of his refusal to decamp to the All Progressive Congress (APC).
The trial Judge, Justice Inyang Ekwo, fixed the date after ordering parties in the suit to file and exchange all their processes ahead of the date.
At Monday’s proceedings, counsel to the Peoples Democratic Party (PDP) and Gusau, Chief Emmanuel Ukala, (SAN) had appealed to the Judge to make a definite pronouncement on maintaining the status quo.
In the alternative, Ukala urged the Court to direct Chief Mike Ozekhome (SAN), counsel to Governor Mohammed Bello Matawalle, 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.
However, in his response, Ozekhome told the Court that Chief 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.
Ozekhome argued further 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 and that the said maintenance of status quo order was based on a mere letter of invitation sent to Gusau to appear before the House to answer certain questions and not an order against impeachment.
Ozekhome further argued that as a constitutional lawyer, he cannot give an undertaking that will have the effect of preventing the Zamfara State House of Assembly from carrying out its constitutional functions, including impeachment.
Ruling on the matter, Justice Ekwo held that the application for the maintenance of the status quo and the other processes were not ripe for hearing and advised both lawyers that whatever applications or grievances they might have should be taken to the next adjourned date.
He, therefore, granted Chief Ozekhome seven days each to respond to the two motions and 21 days to respond to the Originating Summons and granted Ukala time to file his responses.
Justice Ekwo subsequently adjourned the matter to March 10, 2022, for a definite hearing of all pending applications in the matter.