The suit filed by Zamfara State deputy governor Mahadi Aliyu Gusau to stop the State House of Assembly from impeaching him suffered a setback at an Abuja Federal High Court on Monday.
Counsel to the Peoples Democratic Party (PDP) and Mahadi, E. C. Ukala, had appealed to the presiding Judge, Inyang Ekwo, to make a definite pronouncement on maintaining the status quo. In the alternative, he urged the court to direct Mike Ozekhome, counsel to governor Bello Matawalle, the Chief Judge of Zamfara State and the Speaker of the Zamfara State House of Assembly, to make an undertaking for maintenance of the 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, on Friday. He argued that by the Rules of Court, he was entitled to seven days each to respond to both motions and 30 days to respond to the amended Originating Summons.
The lawyer 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 specific questions and not an order against his impeachment.
Ozekhome further argued that as an experienced constitutional lawyer, he can not now 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. Ruling on the matter, Justice Ekwo held that the application to maintain the status quo and the other processes was not ripe for hearing. He advised both lawyers that whatever applications or grievances they might have should be taken to the next adjournment date.
The judge, therefore, granted Ozekhome seven 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 for a definite hearing of all pending applications