A case filed by the embattled Deputy Governor, Zamfara State, Barrister Mahadi Aliyu Gusau to stop the Zamfara State House of Assembly from impeaching him suffered a major setback at the Federal High Court, Abuja on Monday.
Last week, the State House of Assembly served the deputy governor an impeachment notice, three days after the House received a request to commence the impeachment process against him.
Chairman of the House Standing Committee on Information, Shamsudeen Hassan, told journalists the lawmakers had decided to impeach the deputy governor over allegations of abuse of office.
According to Hassan, the deputy governor breached sections 190 and 193 (1), (2) (a)(b)(c) of the Constitution.
At the hearing on Monday, Chief E.C Ukala SAN, counsel for the Peoples Democratic Party and Ali, appealed to the presiding Judge, Justice Inyang Ekwo to make a definite pronouncement on maintaining the status quo.
He urged the Court to direct Chief Mike Ozekhome, SAN, counsel for Governor Mohammed Bello Matawalle, the Chief Judge of Zamfara State and the Speaker of the Zamfara State House of Assembly, to give an undertaking for maintenance of status quo.
Meanwhile, Ozekhome informed the Court that the amended Originating Summons, the motion to revive the status quo, as well as a motion for interlocutory injunction were just served by Ukala on Friday, February 11, 2022.
Ozekhome argued that by the rules of the Court, he was entitled to 7 days each to respond to both motions and 30 days to respond to the amended Originating Summons.
He also argued that the status quo order granted in July 2021, had since expired after 14 days going by the rules of the Federal High Court as he noted that the said maintenance of status quo order was based on a mere letter of invitation sent to Mahadi to appear before the House to answer certain questions and not an order against impeachment.
He also said as a constitutional lawyer and one who took the oath of office to defend the Constitution when he was called to the Bar over 40 years ago, he cannot turn around to give an undertaking that will have the effect of preventing the Zamfara State House of Assembly from carrying out its constitutional functions, including impeachment.
The court held that the application for the maintenance of the status quo and the other processes were not ripe for hearing.
Justice Ekwo advised both lawyers that whatever applications or grievances they might have should be taken to the next adjournment date.
He, therefore, granted Ozekhome, SAN, seven days each to respond to the two motions and 21 days to respond to the Originating Summons.
He also granted Chief Ukala, SAN, time to file his responses. Justice Ekwo subsequently adjourned the matter to March 10, 2022, for a definite hearing of all pending applications.
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