AN attempt by the Peoples Democratic Party (PDP) to declare the seats of governors of Kwara, Rivers, Adamawa, Sokoto and Kano states vacant because of their defection to the All Progressives Congress (APC) failed Tuesday.
The governors are Abdulfatah Ahmed (Kwara), Rotimi Chibuike Amaechi (Rivers), Muritala Nyako (Adamawa), Aliyu Magatakarda Wamako (Sokoto) and Rabiu Musa Kwankwaso (Kano).
Justice Gabriel Kolawole of the Federal High Court, Abuja Division who yesterday threw out a suit filed by the PDP reached that decision because of the failure of the ruling party to properly serve the originating summons and other court processes on the defendants.
In his ruling on the competence of the mode of service of court summons on the governors adopted by the PDP, Justice Kolawole held that the party failed to follow the procedures allowed by law in reaching the defendants since December 10, 2013 when the court action was instituted.
The court agreed with the defendants’ counsel, Lateef Fagbemi (SAN) that they had not been served with court papers and as such the court could not assume jurisdiction until the plaintiff (PDP) had effected service on all parties.
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.
The judge held that the issue of service of originating summons by the plaintiff on the defendant was fundamental before any court could 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 would 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 that in line with the court order obtained on December 13, 2013, the originating summons 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.
The PDP claimed that the originating summons 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 could be effective on 40, Blantyre Street, being the new APC National Secretariat.
While instituting the case, the PDP 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.
Also, 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 to protest, challenging the purported service of court papers on the state helmsmen.
They claimed in their different reactions that the appropriate places to serve them with court summons were their office in their respective state capitals.
The governors insisted that no legal action had been instituted against them until they had been properly served with court summons and other processes.
But the PDP stood its ground that the governors were just evading papers that had been delivered at the APC national secretariat being their new political party.
Justice Kolawole said that PDP would have done
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