The Governors of Kwara,
Rivers, Adamawa, Sokoto and Kano States on tuesday at the Federal Hdigh
court in Abuja narrowly escape sack in the legal suit instituted by the
ruling Peoples Democratic Party (PDP) seeking to declare their
governorship seats vacant on account of defection to opposition party.
The legal action instituted six months ago by PDP to challenge the
legality of the defection by the governors to the All Progressive
Congress (APC) was shot down by the count on the ground of failure of
PDP to properly serve the originating summon and other court processes
on the defendants.
The governors are AbdulFatah Ahmed, Kwara,
Rotimi Chibuike Amaechi Rivers, Muritala Nyako Adamawa, Aliyu
Magatakarda Wamako Sokoto and Rabiu Musa Kwankwaso of Kano.
Ruling in the disputed mode of service of court summon on the governors
adopted by PDP, Justice Gabriel Kolawole held 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 cannot assume jurisdiction until the
plaintiff (PDP) has done the needful and put its house in order on the
effective service of court summon.
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 endorsement.
Justice Kolawole held that the issue of service of originating summon by
the plaintiff on the defendant 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 summon on the fire 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.
PDP claimed that the
originating summon and other court papers were subsequently taken to
the new office for onward delivery by the APC to the governors.
But 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.
The Judge
said that what the plaintiff (PDP) ought to have done was to come back
to the court to legally vary the order of service before it can be
effective on 40, Blantyre Street, being the new APC National
Secretariat.
PDP while instituting the case purportedly served
the court process on No. 6, Bissau Street Wuse, Abuja the former office
of the defunct Action Congress of Nigeria which could not be received
by the governors.
In a desperate move, the party moved the
court summons to No. 40, Blantyre Street, Wuse, Abuja believed to be the
National Secretariat of APC but which could not be delivered to the
defendants.
Apparently in reaction to the newspaper
publications on the legal action, counsel to the governors stormed the
court under protest to challenge the purported service of court papers
on the governors.
They claimed in their different reactions
that the appropriate places to serve them with court summons are their
office in their respective state capitals.
The governors
insisted that no legal action has been instituted against them until
they have been properly served with court summons and other processes.
But PDP stood its ground that the governors were just evading papers
that have delivered at the APC national secretariat being their new
political party.
Justice Kolawole said 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 can
hardly be faulted in law.
He therefore ordered PDP represented
by Dr. Alex Izion SAN to do the needful before the case can be
resuscitated by the court for adjudication.
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