On April 18, 2023, the Federal High Court in Abuja dismissed the request of the All Progressives Congress (APC) to remove Aminu Waziri Tambuwal, the Governor of Sokoto State from his position as governor.
The APC had filed a suit seeking to remove the governor on the grounds of his defection from the party to the Peoples Democratic Party (PDP), which they deemed unlawful.
The judgment was delivered by Justice Inyang Edem Ekwo, who noted that the Court of Appeal had already nullified a similar request on the same issue in several judgments.
Since the judgments had not been overruled by the Supreme Court, they remained legally binding.
The Judge also stated that it would be futile for the Federal High Court to rule on a matter that was pending before the Apex Court.
The APC’s suit sought the court’s intervention in invoking sections 177, 179, and 189 of the 1999 Constitution to declare the governorship seat of Sokoto State vacant, following Tambuwal’s defection to another party.
The party claimed to have won the Sokoto gubernatorial election in 2023, and demanded that Tambuwal should relinquish his mandate if he decides to switch to another party.
Justice Ekwo ruled that the case lacked merit in light of the Court of Appeal’s stance on similar matters and subsequently dismissed the suit.
The ruling is significant in that it upholds the principle of the rule of law and the independence of the judiciary.
It also affirms the need for political parties to respect the constitutional rights of their members to freedom of association.
The judgment sends a strong message to political parties and politicians that they should abide by the provisions of the constitution and the rule of law.
The judiciary has played a critical role in Nigeria’s democratic process by upholding the rule of law and ensuring that the principles of democracy are upheld.
