by ‘Jola Sotubo
The attempt by the Peoples Democratic Party (PDP) to get the seats of some governors, who defected from the party, declared vacant has encountered a roadblock after the case was thrown out of court.
A Federal High Court sitting in Abuja threw out the case after it held that the court processes weren’t properly served on the defendants.
The governors involved are Abdulfatah Ahmed of Kwara, Rotimi Amaechi of Rivers, Murtala Nyako of Adamawa, Aliyu Wamakko of Sokoto and Rabiu Kwankwaso of Kano all of whom defected to the All Progressives Congress last year.
Leadership reports:
Shortly after the governors defected, the PDP approached the court for an order to declare the seats of the governors vacant.
But since the case was instituted, the PDP had found it extremely hard to effect service on the defendants.
Justice Kolawole, in his ruling on whether the defendants were properly served with the process in the case, declared that PDP failed to follow the procedures allowed by law in reaching the defendants since December 10 when the court action was instituted. The court agreed with lawyers to the governors that they have not been served with court papers and as such, the court could not assume jurisdiction until the plaintiff (PDP) has done the needful by putting its house in order on the effective service of court summons.
The purported service of court process allegedly effected at No. 40 Blantyre street, being the new office of the APC was declared illegal, invalid, defective and was dismissed by the court for not having the court’s endorsement.
Justice Kolawole held that the issue of service of originating summons by the plaintiff on the defendants was fundamental before any court can take further action against any defendant, adding that in the instant case, the service done by PDP was not in conformity with the procedure of the court.
The judge adjourned the case sine-die (indefinitely) pending the time the plaintiff will comply with the law in the service of the originating summons on the five governors.
Justice Kolawole asked PDP to formally write the court and attach the evidence of proper service of court processes on the defendants before any action could be taken against the governors.
The PDP had claimed the in line with the court order obtained on December 13, 2013, the originating summon was taken to No. 6 Bissau Street, Wuse II but discovered that the APC had vacated the office and relocated to No. 40, Blantyre street, Abuja as the new office.
