Court Dismisses PDP’s Case Against 5 Defecting Governors




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Court Dismisses PDP’s Case Against 5 Defecting Governors




defecting_governorsA Federal High Court in Abuja has shut down the case instituted against the governors of Kwara, Rivers, Adamawa, Sokoto and Kano states   by  the 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 the PDP to challenge the legality of the defection by the governors to the All Progressive Congress (apc) was shut down by the court on the ground of failure of PDP to properly serve the originating summon and other court processes on the defendants.


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 has done the needful and put its house in order on the effective service of court summon.


The service of court process allegedly effected at No. 40 Blantyre Street, 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 court cannot assume jurisdiction until the plaintiff (PDP) has done the needful and put 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 earlier declared illegal, invalid, defective and, accordingly, dismissed by the court for not having the court’s endorsement”, he said.


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.


He thereafter adjourned the case indefinitely pending the time the plaintiff will comply with the law in the service of the originating summon on the five governors.


Governors Abdulfatah Ahmed of Kwara, Chibuike Amaechi of Rivers, Rabiu Kwankwaso of Kano State,  Aliyu Wamakko of Sokoto State and of Adamawa had on Nov. 26, 2013, left the PDP to join APC.


 



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