From Agaju Mudagba
In a decisive blow to former Zamfara State Governor, Bello Matawalle, the Court of Appeal in Sokoto has upheld the Federal High Court’s ruling that dismissed his claim to over 40 official vehicles seized from his residence after leaving office in May 2023.
The three-member panel, led by Justice Abubakar Mahmud Talba, ruled unanimously that Matawalle failed to provide credible evidence proving the vehicles were his personal property. The court affirmed that the police acted within their legal rights to investigate and recover the assets following a complaint by the Zamfara State Government.
“The judgment of the learned trial Judge is unassailable. It is in consonance with the settled principle of law. The appeal lacks merit and is dismissed,” the ruling stated.
On leaving office after his defeat during the 2023 governorship polls, the Zamfara State government demanded the return of the official vehicles within five working days.
After failed negotiations, police recovered over 40 vehicles from Matawalle’s residence.
A statement by Sulaiman Bala Idris, spokesperson to the Zamfara State Governor, recalled that Matawalle filed suits at the Federal High Court in Gusau, claiming ownership and alleging breach of his fundamental rights.
The statement noted that the Zamfara State government requested the transfer of the case to the Sokoto Division, where the Federal High Court dismissed Matawalle’s claims in December 2023, following which Matawalle escalated the matter to the Court of Appeal.
According to him, the Court of Appeal in Appeal No. CS//S/2024 – Bello Muhammed Matawalle vs Nigeria Police & Others held that the decision of the Federal High Court Sokoto Division on the right of the police to investigate allegations of the commission of a crime was correct.
“It further held that Matawalle failed to adduce credible evidence to support his claim of ownership of the 40 vehicles recovered from his residence, as such lacks justification to allege that his fundamental right to own property was breached.
“The Federal High Court of Nigeria, Sokoto Judicial Division, dismissed the matter in December 2023 and refused to grant any of the reliefs sought by Bello Matawalle. As a result, the vehicles are still considered the property of the Zamfara State government.
“The Appeal Court last Friday upheld the entirety of the judgment of the Federal High Court, Sokoto, affirming that the police have the power to investigate allegations of the commission of a crime upon receipt of a complaint.
“It added that the entire procedure followed by the state government in the retrieval of the vehicles is in line with the law, as such, does not offend the fundamental right of Bello Matawalle, as alleged, and thus cannot shield him from investigation and prosecution.”
Part of the Appeal Court ruling said, “The judgment of the learned trial Judge is unassailable. It is in consonance with the settled principle of law. The sole issue is resolved against the applicant. The appeal lacks merit, and it is dismissed. The judgment of the lower court on 1st December, 2023, in suit No FHC/S/CS/29/23 is hereby affirmed.”
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