The case filed by the embattled Deputy Governor, Zamfara State, Mahadi Aliyu Gusau to stop the Zamfara State House of Assembly from impeaching him suffered a major set back at the Federal High Court, Abuja today.
Counsel to the PDP and Mahadi, Chief E. C. Ukala, SAN, had appealed to the presiding Judge, Justice Inyang Ekwo to make a definite pronouncement on maintaining the status quo. In the alternative, he urged the court to direct Chief Mike Ozekhome, SAN, counsel to 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.
However, in his response, Ozekhome told the court that Ukala only served him the amended Originating Summons, the motion to revive the status quo, as well as a motion for interlocutory injunction just on Friday February 11, 2022. He argued that by the Rules of Court, he was entitled to 7 days each to respond to both motions and 30 days to respond to the amended Originating Summons.
Ozekhome 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 and 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.
Ozekhome further argued that 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 can not now turn around to give an undertaking which will have the effect of preventing the Zamfara State House of Assembly from carrying out its constitutional functions, including impeachment.
Ruling on the matter, Justice Ekwo held that the application for maintenance of status quo and the other processes were not ripe for hearing. He stood his ground and advised both lawyers that whatever applications or grievances they might have should be taken to the next adjournment date.
He therefore granted Ozekhome 7 days each to respond to the two motions and 21 days to respond to the Originating Summons. He also granted Ukala time to file his responses.
Justice Ekwo subsequently adjourned the matter to March 10, 2022, for definite hearing of all pending applications.
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