The Peoples Democratic Party,
PDP, has lost its bid to declare seats of the four ‘rebel’ governors
that defected to the All Progressives Congress, APC, vacant.
In a ruling Friday, the court dismissed the suit against Governors Rotimi Amaechi (Rivers); Rabiu Kwankwaso (Kano), Aliyu Wamakko (Sokoto), and Abdulfatai Ahmed (Kwara).
In a ruling Friday, the court dismissed the suit against Governors Rotimi Amaechi (Rivers); Rabiu Kwankwaso (Kano), Aliyu Wamakko (Sokoto), and Abdulfatai Ahmed (Kwara).
Though PDP originally dragged five
governors before the high court, however, following the impeachment of Murtala
Nyako of Adamawa State, his name was accordingly struck out from the suit.
Justice
Gabriel Kolawole struck out the suit against the governors on the grounds that
the originating processes filed by the PDP to initiate the action were
invalid.
The court
upheld the arguments of the plaintiff that the originating processes were
wrongly issued and served on the defendants.
Justice
Kolawole held that failure of the plaintiff to seek court’s leave to serve the
governors through substituted means by publication in the July 3, 2014 edition
of This Day newspaper contravened provisions of Section 96 of Sheriff and Civil
Processes Act.
Besides,
he maintained that absence of endorsement on the processes violated Section 97
of the same law.
He held
that irregularities in service of a process on a party could only be ignored if
such party decided to wave his rights.
The
governors had through their various lawyers, challenged the legality of the
court papers PDP served on them through the National Secretariat of the APC in
Abuja.
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