Gusau — The Federal High Court in Gusau yesterday dismissed a suit by the All Nigeria Peoples Party [ANPP] asking Governor Mahmud Aliyu Shinkafi and his deputy Mukhtari Ahmed Anka to vacate their offices having decamped to the People's Democratic Party.

In his ruling, Justice Adamu Bello said the plaintiffs had failed to establish any constitutional basis that would convince the court to enter judgement in their favour. He said the argument by counsels to the plaintiffs that decamping from one party to another called for resignation or vacation of office had no legal authority to support it. Justice Bello who repeatedly quoted the case of the Attorney-General versus Atiku Abubakar maintained that there were fundamental similarities between the two cases, noting that resignation from party could not be equated to resignation from office.

He said it was only members of the state and National Assemblies that could lose their seats as a result of decamping from one party to another, saying there was no similar provision for governor or deputy governor. He said a serving governor could only be removed in accordance with section 188 of the constitution which provided for impeachment.

Justice Bello said decamping may be questionable and morally reprehensible, but not illegal and the court had no powers to declare the seat of the governor vacant in the present circumstances saying only the Zamfara State House of Assembly could remove the governor.

The suit was dismissed with a cost of N5, 000 to each of the three defendants which include the governor, his deputy and the Independent National Electoral Commission [INEC]. Meanwhile, one of the counsel to the ANPP Mohammed Sani Katu said they would appeal against the judgement.