By Yemi Oyeyemi, Abuja
A Federal High Court in Abuja on Thursday dismissed the request by the 14 chairmen of Local Government Councils in Zamfara State praying the court to join them in a Peoples Democratic Party (PDP) suit against Governor Bello Matawalle and others on unlawful defection from the PDP to the All Progressives Congress (APC).
Justice Inyang Ekwo also stood down the continuation of the hearing of the suit against Matawalle because a similar matter is pending before the Court of Appeal.
“I take full cognisance that there is an appeal in a similar matter pending in the Appellate Court…(and) will exercise a restraint until that matter is determined,” he said.
He dismissed the request of the local government chairmen on the ground that they are unnecessary parties not needed for whatever reason in the suit challenging unlawful defection of Governor Matawalle from the PDP to the All Progressive Congress APC.
Delivering ruling in the joint application, Justice Ekwo described them as busy bodies and meddlesome Interlopers seeking to fish in another person’s troubled waters.
The Judge held that he had carefully looked into the processes filed by the Local Government Chairmen including their affidavit and saw no nexus between them and Governor Matawalle sued by PDP for alleged unlawful defection.
Justice Ekwo further held that their application was strange and unknown to law because no claim was made against them whatsoever by the plantiff.
The chairmen, had through their lawyer, Emeka Okpoko SAN, had told Justice Inyang Ekwo that whatever decision was given by the court would affect their interest and the entire councils.
They are Ahmed Anka, Aminu Kofoji, Kabiru Ladan, Bashir Muawiya, Mohammed Sadiq, Abubakar Takwas, Sanusi Sarki, Nasiru Yakamata and Ummaru Maradun.Others are Salisu Dangulbi, Abdulrahman Shinkafi, Dahiey Garbadu, Aminu Tsafe and Auwal Moriki
Matawalle, state and federal lawmakers from the state defected from the PDP to the All Progressives Congress (APC).
The PDP, in a suit marked: FHC/ABJ/CS/650/2021 is praying the court for an order removing Matawalle as governor over his defection to APC.
The party also asked the court to sack the senators, House of Representatives members and state House of Assembly members who decamped alongside the governor to APC.
The chairmen, in a motion on notice dated and filed on April 6, also said that whatever verdict delivered by the court would affect their federal constituencies, senatorial districts and the mandate given to the governor and all the lawmakers (5th to 38th defendants) in the state.
They said they would be terribly shortchanged and denied the services of the defendants at both state and national levels if the court acceded to the request of PDP without hearing from them.
According to them, their overall interests and that of the good people of Zamfara are better served and protected with the 2nd defendant (All Progressives Congress) being a federal party.
The chairmen said they were necessary parties in the suit and ought to be joined as they would eventually be bound by whatever relief granted by the court.
The applicants, who said that the issues cannot be effectively determined without their joinder, said Section 36 of the 1999 Constitution guarantees fair hearing to them.
Moving their motion, Okpoko said the application prayed for an order granting leave to the applicants to be joined in the matter as 39th to 52nd defendants and for all the processes to be amended and served on his clients.
He argued that the real test was whether the interest of the persons seeking to be joined would be irreparably prejudice if not joined.
But Chief Emmanuel Ukala, SAN, counsel to the PDP and Barrister Mahdi Aliyu Mohammed, the impeached deputy governor, opposed to the motion for joinder.
Ukala informed the court that a counter affidavit had been filed to the effect on April 13, urging the court to dismiss the application.
He argued that his clients did not make any claim against the chairmen that would have affected them.“They cannot rely on passing interest of a party to apply to be joined,” he said.
The senior lawyer submitted that the standard practice for joinder is one that has to be affected by a decision to be joined.
Justice Ekwo agreed with the plaintiff that the application of the chairmen lacked merit and liable to dismissal.
He subsequently dismissed the application for want of merit.
Meanwhile, the Judge fixed October 27 for hearing of the substantive suit seeking removal of Governor Matawalle from office as Zamfara governor on account of the alleged unlawful defection.
Chief James Ogwu Onoja SAN who stood for PDP at Thursday’s proceedings lauded the verdict for rejecting the bid by the Council Chairmen to delay the PDP’S suit through frivolous, unwanted and baseless joinder application.
The senior lawyer said that the stage has been set for final determination of the governor’s fate with the dismissal of the joinder request.
