The Peoples Democratic Party, PDP, has lost its bid
to declare seats of the four ‘rebel’ governors that
defected to the All Progressives Congress, APC,
vacant.
In a ruling yesterday, the court dismissed the suit
against Governors Rotimi Amaechi (Rivers); Rabiu
Kwankwaso (Kano), Aliyu Wamakko (Sokoto), and
Abdulfatai Ahmed (Kwara).
Though PDP originally dragged five governors
before the high court, however, following the
impeachment of Murtala Nyako of Adamawa State,
his name was accordingly struck out from the suit.
Justice Gabriel Kolawole struck out the suit against
the governors on the grounds that the originating
processes filed by the PDP to initiate the action
were invalid.
The court upheld the arguments of the plaintiff that
the originating processes were wrongly issued and
served on the defendants.
Justice Kolawole held that failure of the plaintiff to
seek court’s leave to serve the governors through
substituted means by publication in the July 3, 2014
edition of This Day newspaper contravened
provisions of Section 96 of Sheriff and Civil
Processes Act. Besides, he maintained that
absence of endorsement on the processes violated
Section 97 of the same law.
He held that irregularities in service of a process on
a party could only be ignored if such party decided
to wave his rights.
The governors had through their various lawyers,
challenged the legality of the court papers PDP
served on them through the National Secretariat of
the APC in Abuja.
They argued that since PDP sued them in their
personally capacity, the court papers ought to have
been served at the Governors’ lodge in each of the
affected states, even as they challenged the
jurisdiction of the Abuja court to entertain the
matter.
There argument was upheld by the court yesterday.
PDP had urged the court to okay an accelerated
hearing of the matter so as to ensure that the four
remaining Governors were sacked before May 29,
2015.
The party said that going by the express provisions
of sections 177 (c), 221 and 222 (c) of the 1999
Constitution, the court, ought to declare the
governors as ineligible to remain in office having
defected to the APC.
source : vanguard
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