Legal Consequences Of Planned Defection Of Zamfara State Governor From PDP To APC

Can a candidate who was nominated and sponsored by a political
party, legally defect to another party, without vacating the seat
which he occupies on behalf of the sponsor party? Nkem
Okoro argues that Zamfara State Governor Dr Bello
Matawalle could face be dire legal consequences if he attempts to
do so.

A story captioned “APC
Extends Registration As Matawalle Set To Join Party”^[1] was
reported by Daily Trust Newspaper on Friday, the 2nd of April, 2021
refers.

This article is intended to review the legal consequences of
such alleged intended defection from the Peoples Democratic Party
to the All Progressive Congress, by the governor of Zamfara State,
given the circumstances under which Dr. Bello Mohammed Matawalle
emerged as governor.

Dr. Bello Mohammed Matawalle emerged as the governor of Zamfara
State, by virtue of the judgment and order of the Supreme Court of
Nigeria, hence any step taken, by him, contrary to the judgment and
order of the Supreme Court, will not only be illegal but also
immoral. By the subsisting order of the Supreme Court, All
Progressive Congress, did not contest election in May 2019 in
Zamfara, and the candidates of the Peoples Democratic Party, were
all declared winners of the various elective post in the State. By
the judgment of the Supreme Court, the occupant of the seat of the
governor of Zamfara State, must be a Peoples Democratic Party,
faithful and not All Progressive Congress.

Though the Constitution of the Federal Republic of Nigeria is
silent, on the issue of defection of a sitting governor, from the
party under which he won his election to another party, one
believes, that this reoccurring issue of defection by governors can
be put to rest by the courts in Nigeria, whenever the opportunity
is presented to the courts to determine the issue. A court of law
can declare the office of the governor and deputy governor of any
state vacant, where the occupants of such seats defect from the
party, which nominated and sponsored them to contest the
gubernatorial election in Nigeria and under whose platform, they
won elections as candidates of the said party.

Section 221 of the Constitution of the Federal Republic of
Nigeria, 1999, as amended, provides as follows:

No association other than a political party, shall canvass for
votes for any candidate at any election or contribute to the funds
of any political party or the election expenses of any candidate at
an election.

The Supreme Court while interpreting the provisions of section
221 of the Constitution had variously held that independent
candidature in election is not applicable in Nigeria, that, in
reality and in keeping with section 221 of the Constitution, it is
the party which sponsors a candidate in an election that wins the
election since a candidate cannot contest an election without being
sponsored by a party. Thus, votes are garnered on behalf of the
political party in an election. See the case Faleke V INEC (2016)
18 NWLR (Pt. 1543) 61 (P. 173, paras. D-F).

It is not in dispute that Dr. Bello Mohammed Matawalle was
nominated and sponsored to contest for the post of the governor of
Zamfara State, in May 2019, by the Peoples Democratic Party (PDP).
This clearly means that the governor of Zamfara State, cannot
abandon the party that nominated him, and sponsored his election as
the governor of Zamfara State, without legal consequences. The
legal consequences can only be determined by a court of law, in a
case properly brought before it, in accordance with the provisions
section 6(6b) of the Constitution of the Federal Republic of
Nigeria, 1999 as amended, which provides for the judicial powers of
the court in all matters between persons, or between government or
authority and to any person in Nigeria, and to all actions and
proceedings relating thereto, for the determination of any question
as to civil rights and obligations of that person.

The Peoples Democratic Party, has a right over who occupies the
governorship seat in Zamfara State in view of the planned defection
of the governor of Zamfara State from the PDP, to the APC, and is
therefore entitled to remedies properly sought before a court of
law in the unlikely event that the governor defects. The latin
maxim of ubi jus ibiremedium, is applicable to the facts and
circumstances of this case. It is to be noted that “jus” signifies
the legal authority to do or demand something and “remedium” means
the right of action or the means given by law for recovery or the
declaration or assertion of that right. In other words, the maxim
presupposes that where the law gives a right, it also gives remedy,
that remedy must be founded on a legal right. See the case of Bello
v. A.-G., Oyo State (1986) 1 NWLR 828; Thomas v. Olufosoye (1986) 1
NWLR (Part 18) 669.

However, in pursuing this remedy, one will also consider the
provisions of the Constitution of the Federal Republic of Nigeria
in line with the judicial powers of the Court. It is to be noted
that the Constitution did not provide for the removal of a governor
from office by virtue of defection to another party, unlike section
68(1g) of the Constitution which provides for the vacation of the
seat by a member of the National Assembly who defects to another
party before the expiration of his term.

The Constitution of the Federal Republic of Nigeria provides in
section 188 for the removal of the governor from office, but not on
the ground of defection to another party. Whereas section 189, also
provides for the cessation of the term of office of the governor or
deputy governor under certain circumstances which did not also
include defection to another party.

However, the big question is, whether the constitution is
conclusive on the mode of removal of a governor or deputy governor
from office, or the cessation of office of a governor. The answer
to this question, will lie in the judicial interpretation of the
provisions of sections 188 and 189 of the Constitution of the
Federal Republic of Nigeria. The writer is of the view that
sections 188 and 189 of the Constitution of the Federal Republic of
Nigeria, are not conclusive on the issue of the grounds upon which
a governor can be removed from office, especially by a court of
law.

The constitution of any country is usually called the organic
law or ground norm of the people. It is the formulation of all the
laws from which the institutions of state derive their creation and
legitimacy. It is the unifying force in the nation and it
apportions rights and imposes obligations on the people who are
subject to its operations. The constitution of a nation is,
therefore, a very important composite document, and its
interpretation is subject to recognized cannons of interpretation
known to law and designed to enhance and sustain the reverence in
which constitutions are held the world over. See [Shosimbo v. State
(1974) 10 SC. 91. A.-G., Abia State v. A.-G., Fed. (No. 2) (2002) 6
NWLR (Pt. 763) 264; Federal Republic of Nigeria v. Ifegwu (2003) 15
NWLR (Pt. 842) 113; Nafiu Rabin v. Kano State (1980) 8-11 SC 130;
Balewa v. Doherty (1963) 2 SCNLR 155.

The Constitution could not have intended that a candidate who
was nominated by a political party, sponsored by the political
party, could defect, under any circumstance to another political
party, without vacating the said seat, which he occupies on behalf
of the party that sponsored his election.

Dr. Bello Mohammed Matawalle, the governor of Zamfara State,
should, therefore, have a rethink, while allegedly making plans for
defection to All Progressive Congress,(APC), from the Peoples
Democratic Party,(PDP), that there could be dire legal
consequences, in view of the subsisting judgment and order of the
Supreme Court of Nigeria.

Okoro, Constitutional Lawyer and Human Rights
Activist writes from Garki, Abuja.

Can a candidate who was nominated and sponsored by a political
party, legally defect to another party, without vacating the seat
which he occupies on behalf of the sponsor party? Nkem
Okoro argues that Zamfara State Governor Dr Bello
Matawalle could face be dire legal consequences if he attempts to
do so.

A story captioned “APC
Extends Registration As Matawalle Set To Join Party”^[1] was
reported by Daily Trust Newspaper on Friday, the 2nd of April, 2021
refers.

This article is intended to review the legal consequences of
such alleged intended defection from the Peoples Democratic Party
to the All Progressive Congress, by the governor of Zamfara State,
given the circumstances under which Dr. Bello Mohammed Matawalle
emerged as governor.

Dr. Bello Mohammed Matawalle emerged as the governor of Zamfara
State, by virtue of the judgment and order of the Supreme Court of
Nigeria, hence any step taken, by him, contrary to the judgment and
order of the Supreme Court, will not only be illegal but also
immoral. By the subsisting order of the Supreme Court, All
Progressive Congress, did not contest election in May 2019 in
Zamfara, and the candidates of the Peoples Democratic Party, were
all declared winners of the various elective post in the State. By
the judgment of the Supreme Court, the occupant of the seat of the
governor of Zamfara State, must be a Peoples Democratic Party,
faithful and not All Progressive Congress.

Though the Constitution of the Federal Republic of Nigeria is
silent, on the issue of defection of a sitting governor, from the
party under which he won his election to another party, one
believes, that this reoccurring issue of defection by governors can
be put to rest by the courts in Nigeria, whenever the opportunity
is presented to the courts to determine the issue. A court of law
can declare the office of the governor and deputy governor of any
state vacant, where the occupants of such seats defect from the
party, which nominated and sponsored them to contest the
gubernatorial election in Nigeria and under whose platform, they
won elections as candidates of the said party.

Section 221 of the Constitution of the Federal Republic of
Nigeria, 1999, as amended, provides as follows:

No association other than a political party, shall canvass for
votes for any candidate at any election or contribute to the funds
of any political party or the election expenses of any candidate at
an election.

The Supreme Court while interpreting the provisions of section
221 of the Constitution had variously held that independent
candidature in election is not applicable in Nigeria, that, in
reality and in keeping with section 221 of the Constitution, it is
the party which sponsors a candidate in an election that wins the
election since a candidate cannot contest an election without being
sponsored by a party. Thus, votes are garnered on behalf of the
political party in an election. See the case Faleke V INEC (2016)
18 NWLR (Pt. 1543) 61 (P. 173, paras. D-F).

It is not in dispute that Dr. Bello Mohammed Matawalle was
nominated and sponsored to contest for the post of the governor of
Zamfara State, in May 2019, by the Peoples Democratic Party (PDP).
This clearly means that the governor of Zamfara State, cannot
abandon the party that nominated him, and sponsored his election as
the governor of Zamfara State, without legal consequences. The
legal consequences can only be determined by a court of law, in a
case properly brought before it, in accordance with the provisions
section 6(6b) of the Constitution of the Federal Republic of
Nigeria, 1999 as amended, which provides for the judicial powers of
the court in all matters between persons, or between government or
authority and to any person in Nigeria, and to all actions and
proceedings relating thereto, for the determination of any question
as to civil rights and obligations of that person.

The Peoples Democratic Party, has a right over who occupies the
governorship seat in Zamfara State in view of the planned defection
of the governor of Zamfara State from the PDP, to the APC, and is
therefore entitled to remedies properly sought before a court of
law in the unlikely event that the governor defects. The latin
maxim of ubi jus ibiremedium, is applicable to the facts and
circumstances of this case. It is to be noted that “jus” signifies
the legal authority to do or demand something and “remedium” means
the right of action or the means given by law for recovery or the
declaration or assertion of that right. In other words, the maxim
presupposes that where the law gives a right, it also gives remedy,
that remedy must be founded on a legal right. See the case of Bello
v. A.-G., Oyo State (1986) 1 NWLR 828; Thomas v. Olufosoye (1986) 1
NWLR (Part 18) 669.

However, in pursuing this remedy, one will also consider the
provisions of the Constitution of the Federal Republic of Nigeria
in line with the judicial powers of the Court. It is to be noted
that the Constitution did not provide for the removal of a governor
from office by virtue of defection to another party, unlike section
68(1g) of the Constitution which provides for the vacation of the
seat by a member of the National Assembly who defects to another
party before the expiration of his term.

The Constitution of the Federal Republic of Nigeria provides in
section 188 for the removal of the governor from office, but not on
the ground of defection to another party. Whereas section 189, also
provides for the cessation of the term of office of the governor or
deputy governor under certain circumstances which did not also
include defection to another party.

However, the big question is, whether the constitution is
conclusive on the mode of removal of a governor or deputy governor
from office, or the cessation of office of a governor. The answer
to this question, will lie in the judicial interpretation of the
provisions of sections 188 and 189 of the Constitution of the
Federal Republic of Nigeria. The writer is of the view that
sections 188 and 189 of the Constitution of the Federal Republic of
Nigeria, are not conclusive on the issue of the grounds upon which
a governor can be removed from office, especially by a court of
law.

The constitution of any country is usually called the organic
law or ground norm of the people. It is the formulation of all the
laws from which the institutions of state derive their creation and
legitimacy. It is the unifying force in the nation and it
apportions rights and imposes obligations on the people who are
subject to its operations. The constitution of a nation is,
therefore, a very important composite document, and its
interpretation is subject to recognized cannons of interpretation
known to law and designed to enhance and sustain the reverence in
which constitutions are held the world over. See [Shosimbo v. State
(1974) 10 SC. 91. A.-G., Abia State v. A.-G., Fed. (No. 2) (2002) 6
NWLR (Pt. 763) 264; Federal Republic of Nigeria v. Ifegwu (2003) 15
NWLR (Pt. 842) 113; Nafiu Rabin v. Kano State (1980) 8-11 SC 130;
Balewa v. Doherty (1963) 2 SCNLR 155.

The Constitution could not have intended that a candidate who
was nominated by a political party, sponsored by the political
party, could defect, under any circumstance to another political
party, without vacating the said seat, which he occupies on behalf
of the party that sponsored his election.

Dr. Bello Mohammed Matawalle, the governor of Zamfara State,
should, therefore, have a rethink, while allegedly making plans for
defection to All Progressive Congress,(APC), from the Peoples
Democratic Party,(PDP), that there could be dire legal
consequences, in view of the subsisting judgment and order of the
Supreme Court of Nigeria.

Okoro, Constitutional Lawyer and Human Rights
Activist writes from Garki, Abuja.