SAN FRANCISCO, June 24, (THEWILL) – The bid by the ruling Peoples Democratic Party (PDP) to force five governors who defected to All Progressive Congress (APC) to vacate their offices suffered a setback Tuesday as a High Court sitting in Abuja concurred with the governors that they were not properly served with the court processes.
The affected governors are AbdulFatah Ahmed (Kwara); Rotimi Chibuike Amaechi (Rivers); Muritala Nyako (Adamawa); Aliyu Magatakarda Wamako (Sokoto); and Rabiu Musa Kwankwaso (Kano).
The ruling was subsequent to a suit filed six months ago by PDP to challenge the legality of the defection by the governors to the APC. The suit was adjourned sine-die (indefinitely) to allow the PDP comply with the procedure for service.
But in his ruling Tuesday, Justice Gabriel Kolawole held that PDP failed to follow the procedures allowed by law in serving the governors with the court processes since December 10 when the court suit was instituted.
Counsel to the governors had argued that their clients had not been served with the court papers and as such the court could not assume jurisdiction until the plaintiff (PDP) had done the needful and put its house in order.
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 set aside by the court for not having the court endorsement.
Justice Kolawole therefore held that the issue of service of originating summon by the plaintiff on the defendant was fundamental before the court could take further action against the defendants.
He subsequently 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 five governors.
Explaining the situation leading to the non-service of the court processes, the PDP had informed the court that in line with the court order obtained on December 13, 2013, the originating summon was taken to No. 6 Bissau Street, Wuse II but it was discovered that the APC had vacated the office and relocated to No. 40, Blantyre street, Abuja as the new office.
PDP disclosed that the originating summon and other court papers were subsequently taken to the new office for onward delivery by the APC to the governors.
Justice Kolawale agreed with the governors that the service at 40 Blantyre Street was invalid, ineffective and faulty because the order of the court for service did not embody the address.
He therefore said what the PDP ought to have done was to come back to the court to legally vary the order of service before serving it at 40, Blantyre Street, being the new APC National Secretariat.
Noting that PDP would have done well if the service of the originating summons had been effected on the Attorney General of the affected states since such service could hardly be faulted in law,Justice Kolawole therefore ordered PDP represented by Dr. Alex Izion (SAN) to do the needful before the case could be resuscitated by the court for adjudication.
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