The People’s Democratic Party (PDP) has finally commenced legal actions to unseat Zamfara State Governor, Bello Muhammad Matawalle at the Abuja division of the Federal High Court over alleged unlawful defection.
The suit is further seeking the removal of the deputy governor of the state, Alhaji Mahadi Aliyu Gusau from office over the same issue.
Before the court, the party has asked the court to sack the Governor and his Deputy over their unlawful defection from the party to the All Progressives Congress (APC).
The court has granted an order for substituted service on the defendants.
The request forms part of the reliefs being sought in a suit filed in the names of two PDP members from Zamfara State, Alhaji Sani Kaura Ahmed and Abubakar Muhammed.
The plaintiffs are contending that, in view of an earlier judgment of the Supreme Court, to the effect that the APC had no candidates in the 2019 governorship election in Zamfara State, having not conducted valid primaries, it would be unlawful for Matawalle and Gusau to retain their offices while defecting from the PDP to the APC and thereby transferring PDP’s victory to the APC.
They want the court to, among others declare that Matawalle and Gusua must resign from their offices before their defection to allow the Independent National Electoral Commission (INEC) to conduct a fresh election, within three months, for the PDP to replace them.
On Monday when the legal battle was kick-started through ex-parte motion argued by the plaintiff’s lawyer, Kanu Agabi (SAN), Justice Inyang Eden Ekwo granted an order of substituted service of the originating processes on the governor and deputy governor.
By the order, the governor and his deputy are to be served with all court papers through the National Secretariat of APC in Abuja.
Justice Ekwo thereafter fixed July 16 for a report of court papers on the two defendants.
The governor and his deputy had two weeks ago defected from PDP to APC which prompted the move by PDP to claim its mandates from them through court action.
