Wednesday 25 June 2014
Court suspends PDP’s case against five defecting Governors indefinitely
An Abuja Federal High Court on Tuesday adjourned
indefinitely hearing in a suit instituted by People’s Democratic
Party (PDP) against five governors who left its and defected to
All Progressives Congress (APC).
The News Agency of Nigeria (NAN) recalls that PDP had sued
the governors, asking the court to declare their seats vacant on
account of their defection.
Governors Abdulfatah Ahmed of Kwara, Chibuike Amaechi of
Rivers, Rabiu Kwankwaso of Kano State, Wamakko of Sokoto
State and Murtala Nyako of Adamawa had on Nov. 26, 2013,
left the PDP to join APC.
Delivering ruling, Justice Gabriel Kolawole adjourned the case
sine die (indefinitely) for want of diligent service by PDP.
The judge said the party must comply with the law in serving
the governors.
He held that PDP had failed to properly serve the governors the
court processes at the address as earlier ordered by the court.
Kolawole held that PDP failed to follow the procedures allowed
by the law in reaching the defendants since Dec. 10 when the
court action was instituted.
“The court cannot assume jurisdiction until the plaintiff (PDP)
has done the needful and put 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
earlier declared illegal, invalid, defective and, accordingly,
dismissed by the court for not having the court’s endorsement.
“The issue of service of originating summons by the plaintiff on
the defendant is fundamental before any court can take further
action against the defendant,’’ he said.
Kolawole further advised PDP to formally write the court and
attach the evidence of proper service of court processes on the
defendants before the court resuscitated adjudication.
He said what the plaintiff (PDP) ought to have done was to come
back to the court to legally vary (amend) the order of service
before it would become effective on 40, Blantyre Street, the new
APC National Secretariat.
Dr Alex Izinyon (SAN), counsel to PDP, had said that the suit
was brought pursuant to Section 177 (c), 221 and 222 (c) of the
Constitution of the Federal Republic of Nigeria.
Mr Damian Dodo (SAN), who held brief for Izinyon on April 7,
prayed the court for leave to regularise the party’s service on
the defendants as granted by the court.
Five senior lawyers, who led about 100 other lawyers for the
defendants, had, in their respective arguments, objected to the
PDP’s motion for substituted service.
The senior lawyers are Chief Akin Olujinmi (SAN) for Ahmed,
Lateef Fagbemi (SAN) representing Amaechi, Yusuf Alli (SAN)
for Kwankwaso, Awa Kalu (SAN) for Wamakko and John
Baiyeshea (SAN) for Nyako. (NAN)
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