By A.O OTITOJU Ph.D
![image](/2020/10/lawreport.jpg")
FOLLOWING A WIDELY CIRCULATED REPORT IN THE Daily trust
newspaper on Friday the 2nd of April 2021 CAPTIONED “APC
EXTENDS REGISTRATION AS MATAWALLA SET TO JOIN
PARTY”, this gives us the impetus to review the
circumstance that lead to the emergence of the present Governor of
Zamfara state Bello Matawalle, and to unequivocally state the
likely consequence of his intending action.
![image](/2021/01/payne-alex.jpg")
It is worthy of note that for any person to emerge as governor
of a state apart from the court ordered Governor, the returning
officers after the collation of results will announce to the public
that “Mr K having pulled the highest number of
votes cast in the gubernatorial election and having satisfied
the law is hereby returned winner of the election”.
Curiously that was not the case of the present Governor of
Zamfara state, Bello Matawalle. His situation is so peculiar as he
was returned by the judgment of the Supreme Court in suit
SC/377/2019 wherein the Supreme Court declared that the All
Progressive Congress, which the Governor is proposing to join did
not to hold a valid primary election and in turn sacked all the
candidates put forward by the APC. For this reason, all candidates
put forward by the APC were invalidated by the judgment of the
Supreme Court including their Governorship candidate at the time.
The Supreme Court held that APC could not have won any election in
Zamfara State including the post for the Governor of Zamfara state.
The Judgement of the Supreme Court meant that Gov. Bello Matawalle
who is the candidate of the PDP who pulled the second highest
number of votes in the election was declared winner by the
Supreme Court; Since APC failed to fulfill the combined
provisions of Section 177(c) of the 1999 Constitution as amended,
and section 31 of the Electoral Act.
Section 177 ( c) stipulates that for a candidate to
contest for election he must be a member of political party and
must be sponsored by that political party, section 31 of the
Electoral Act also ensures that political parties must
conduct primary election and the person who wins the primary
election is sponsored by the Political Party to participate in the
General Election. This situation was absent in Zamfara State in the
last election for APC thereby robbing them the opportunity to hold
any political position in Zamfara state.
The Supreme Court sacked all the APC seats won during the 2019
general
Election not just for fun but for the purpose of keeping to the
tenet of the law; the proposed intention of Governor Bello
Matawalle to defect right now will undermine the decision of the
Supreme Court which he has benefited from, he must be seen to
ensure the complete satisfaction of the judgment rather than
frolicking with judicial pronouncements or trying to castrate the
order of the Apex court.
Interestingly, Governor Matawalle benefitted from the judgment
of the Supreme Court as he was the candidate that was second in the
poll during the last General Election held in 2019. Having enjoyed
the benefit of the judgment he must not be seen to invalidate the
judgment by his action or his proposed intention to join the APC
that the supreme court had already sacked from occupying any
political posts in Zamfara for a period of four years.
The Learned Justice of the Apex court, Justice Paul Adamu
Galumje, JSC did not mince his words when he declared as
follows that “for avoidance of
doubt a party that has no candidate in an election cannot be
declared the winner of the election , this being so the votes
credited to the alleged candidates of the 1st
appellant in the 2019 general election in Zamfara are wasted
votes for that reason it is hereby ordered that candidates of
parties other than the 1st appellant with the highest
votes and the required spread stand elected into the various
offices that were contested for in Zamfara state in the 2019
general election”
The compelling question judging from above is why would Gov.
Matawalle want to invalidate and castrate the judgment by defecting
from his Political Party the PDP to the All Progressive Congress
which the Supreme Court has Sacked for a period of 4 years? It is
also worthy to note that Section 180 of the 1999 Constitution
settled the tenure of office of the Governor and puts it at 4 years
fixed term. What it means is that for the period of 2019 to 2023
Gov. Bello Matawalle and any other candidate that occupies the
sacked seats of APC candidates must remain there with their party
affiliation till the end of that tenure.
It therefore follows that any attempt by the Zamfara State
Governor Bello Matawalle to defect from the PDP to APC will not
only be contemptuous of the Judgment of the Supreme Court which
gave his party PDP the seat but it would also mean that he
resign from the seat for the next in line according to the
provisions of the Constitution which in this case is the Deputy
Governor.
It is clear that by the decision of the Supreme Court the APC is
forbidden from seating in any of the contested seat during the last
general election, therefore any attempt of the governor to
circumvent the judgment of the supreme court by defecting to APC is
contemptuous.
In summary the proposed actions of Gov. Matawalle could result
in at least four grievous consequences:
- It would be seen as gravely contemptuous and way of frustrating
and castrating the apt Judgment of the Supreme Court in Suit
SC.377/2019. - It would most likely lead to Gov. Matawalle losing his office
and going by the provisions of Section 191(1) of 1999 Constitution
as amended, the office becomes that of the Deputy Governor Should
he remain with the PDP. However, should Gov. Matawalle defect
together with his Deputy, then in line with Section 191(3) the
office passes to the Speaker of the House of Assembly. - Any attempts by the Governor of Zamfara State, with his other
colleagues, to defect from the PDP to APC will not only be
contemptuous of the judgment of the Supreme Court but will also
mean that he resigns from the seat for a bye election to be
conducted. - Also, as a party that has invalidated and castrated the
judgment of the Apex Court which made him Governor, Governor
Matawalle could be made to refund all the benefits he has enjoyed
on the basis of this judgment which he is now seeking to
invalidate.
It is strongly advised that in order for the Zamfara State
Governor not to open a potential can of worms through his actions,
it is best that he remains with the PDP in compliance with the
Judgment of the Supreme Court in Suit SC.377/2019.
Written By A.O OTITOJU Ph.D
By A.O OTITOJU Ph.D
FOLLOWING A WIDELY CIRCULATED REPORT IN THE Daily trust
newspaper on Friday the 2nd of April 2021 CAPTIONED “APC
EXTENDS REGISTRATION AS MATAWALLA SET TO JOIN
PARTY”, this gives us the impetus to review the
circumstance that lead to the emergence of the present Governor of
Zamfara state Bello Matawalle, and to unequivocally state the
likely consequence of his intending action.
It is worthy of note that for any person to emerge as governor
of a state apart from the court ordered Governor, the returning
officers after the collation of results will announce to the public
that “Mr K having pulled the highest number of
votes cast in the gubernatorial election and having satisfied
the law is hereby returned winner of the election”.
Curiously that was not the case of the present Governor of
Zamfara state, Bello Matawalle. His situation is so peculiar as he
was returned by the judgment of the Supreme Court in suit
SC/377/2019 wherein the Supreme Court declared that the All
Progressive Congress, which the Governor is proposing to join did
not to hold a valid primary election and in turn sacked all the
candidates put forward by the APC. For this reason, all candidates
put forward by the APC were invalidated by the judgment of the
Supreme Court including their Governorship candidate at the time.
The Supreme Court held that APC could not have won any election in
Zamfara State including the post for the Governor of Zamfara state.
The Judgement of the Supreme Court meant that Gov. Bello Matawalle
who is the candidate of the PDP who pulled the second highest
number of votes in the election was declared winner by the
Supreme Court; Since APC failed to fulfill the combined
provisions of Section 177(c) of the 1999 Constitution as amended,
and section 31 of the Electoral Act.
Section 177 ( c) stipulates that for a candidate to
contest for election he must be a member of political party and
must be sponsored by that political party, section 31 of the
Electoral Act also ensures that political parties must
conduct primary election and the person who wins the primary
election is sponsored by the Political Party to participate in the
General Election. This situation was absent in Zamfara State in the
last election for APC thereby robbing them the opportunity to hold
any political position in Zamfara state.
The Supreme Court sacked all the APC seats won during the 2019
general
Election not just for fun but for the purpose of keeping to the
tenet of the law; the proposed intention of Governor Bello
Matawalle to defect right now will undermine the decision of the
Supreme Court which he has benefited from, he must be seen to
ensure the complete satisfaction of the judgment rather than
frolicking with judicial pronouncements or trying to castrate the
order of the Apex court.
Interestingly, Governor Matawalle benefitted from the judgment
of the Supreme Court as he was the candidate that was second in the
poll during the last General Election held in 2019. Having enjoyed
the benefit of the judgment he must not be seen to invalidate the
judgment by his action or his proposed intention to join the APC
that the supreme court had already sacked from occupying any
political posts in Zamfara for a period of four years.
The Learned Justice of the Apex court, Justice Paul Adamu
Galumje, JSC did not mince his words when he declared as
follows that “for avoidance of
doubt a party that has no candidate in an election cannot be
declared the winner of the election , this being so the votes
credited to the alleged candidates of the 1st
appellant in the 2019 general election in Zamfara are wasted
votes for that reason it is hereby ordered that candidates of
parties other than the 1st appellant with the highest
votes and the required spread stand elected into the various
offices that were contested for in Zamfara state in the 2019
general election”
The compelling question judging from above is why would Gov.
Matawalle want to invalidate and castrate the judgment by defecting
from his Political Party the PDP to the All Progressive Congress
which the Supreme Court has Sacked for a period of 4 years? It is
also worthy to note that Section 180 of the 1999 Constitution
settled the tenure of office of the Governor and puts it at 4 years
fixed term. What it means is that for the period of 2019 to 2023
Gov. Bello Matawalle and any other candidate that occupies the
sacked seats of APC candidates must remain there with their party
affiliation till the end of that tenure.
It therefore follows that any attempt by the Zamfara State
Governor Bello Matawalle to defect from the PDP to APC will not
only be contemptuous of the Judgment of the Supreme Court which
gave his party PDP the seat but it would also mean that he
resign from the seat for the next in line according to the
provisions of the Constitution which in this case is the Deputy
Governor.
It is clear that by the decision of the Supreme Court the APC is
forbidden from seating in any of the contested seat during the last
general election, therefore any attempt of the governor to
circumvent the judgment of the supreme court by defecting to APC is
contemptuous.
In summary the proposed actions of Gov. Matawalle could result
in at least four grievous consequences:
- It would be seen as gravely contemptuous and way of frustrating
and castrating the apt Judgment of the Supreme Court in Suit
SC.377/2019. - It would most likely lead to Gov. Matawalle losing his office
and going by the provisions of Section 191(1) of 1999 Constitution
as amended, the office becomes that of the Deputy Governor Should
he remain with the PDP. However, should Gov. Matawalle defect
together with his Deputy, then in line with Section 191(3) the
office passes to the Speaker of the House of Assembly. - Any attempts by the Governor of Zamfara State, with his other
colleagues, to defect from the PDP to APC will not only be
contemptuous of the judgment of the Supreme Court but will also
mean that he resigns from the seat for a bye election to be
conducted. - Also, as a party that has invalidated and castrated the
judgment of the Apex Court which made him Governor, Governor
Matawalle could be made to refund all the benefits he has enjoyed
on the basis of this judgment which he is now seeking to
invalidate.
It is strongly advised that in order for the Zamfara State
Governor not to open a potential can of worms through his actions,
it is best that he remains with the PDP in compliance with the
Judgment of the Supreme Court in Suit SC.377/2019.
Written By A.O OTITOJU Ph.D