Justice Inyang Edem Ekwo held that a similar request on the subject matter had been voided by the Court of Appeal in several judgments.
The Justice stated that since the Supreme Court has not set aside the judgement of the appellate court holding that governors cannot forfeit their seats on grounds of defection, the judgement of the appellate court remains binding on the lower courts.
Listed as 1st to 3rd defendants in the suit marked FHC/ABJ/CS/449/2022 are Independent National Electoral Commission, Peoples Democratic Party, and Alhaji Aminu Waziri Tambuwal respectively.
The Judge held that counsels ought to have advised their clients appropriately adding that it would amount to an exercise in futility for the High Court to decide on the matter.
Thus, he dismissed the suit for lack of merit.
APC had asked the court to declare the governorship seat of Sokoto State vacant on the account of defection by Tambuwal to another party.
The party claimed that Tambuwal who won the Sokoto governorship election in 2019 under the APC must vacate his seat if he decided to go to another party.
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