To Get Personalised contents and be able to add items to your favourites, please Sign In or Sign Up          
 

Defection: Court Throws Out PDP’s Suit


News » Politics
Nigeria

June.25.2014

Justice Gabriel Kolawole of a Federal High Court sitting in Abuja has declared as improper, the service of the process of the court on five governors, who defected from the Peoples Democratic Party (PDP) to the All Progressives Congres (APC).

Governor of Kwara State, Abdulfatah Ahmed, and those of Rivers, Rotimi Amaechi; Adamawa, Murtala Nyako; Sokoto, Aliyu Wamakko; and Kano, Rabiu Kwankwaso defected from the PDP to the APC last year.

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.

Article Credit: Leadership

Updated 4 Years ago
 

Find Us On Facebook

Tags:     Gabriel Kolawole: Abdulfatah Ahmed     Rotimi Amaechi     Murtala Nyako     Aliyu Wamakko     Rabiu Kwankwaso Improper Process

RELATED