A Federal High Court in Abuja has struck out the suit filed by Peoples Democratic Party (PDP), seeking to remove four governors who defected from the party to the All Progressives Congress (APC). The governors are Rotimi Amaechi (Rivers), Aliyu Wamakko (Sokoto), Rabiu Kwankwaso (Kano) and Abdulfatai Ahmed (Kwara) as well as Murtala Nyako (impeached governor of Adamawa state.Justice Gabriel Kolawole, in a ruling that lasted about two hours today, held that the suit’s originating processes were invalid, on the ground that they were wrongly issued and served on the defendants.
The PDP had last December sued the governors, including former Adamawa State governor, Murtala Nyako, and the Independent National Electoral Commission (INEC), asking the court to declare the defecting governors’ seats vacant, and for INEC to conduct elections for their replacement.
Nyako’s name was removed from the suit shortly after his impeachment.
The party had, upon an order of court, served the originating processes on a wrong address, which it claimed was the headquarters of the APC.
The court upheld the arguments of the governors and consequently set aside the service of the suits on them.
On June 27, the party again obtained an ex-parte order for substituted service of the originating processes through newspaper publication, which it published on July 3 in Thisday newspapers.
The defendants again, faulted the procedure adopted by the PDP in serving them, arguing among others, that the plaintiff failed to first obtain the leave of the court to serve them through substituted means, and that the originating processes were not endorsed as required under the Sheriff and Civil Processes Act (SCPA).
Justice Kolawole’s ruling was on the applications filed by Ameachi, Kwankwaso and Ahmed.
He upheld the governors’ argument that the originating processes, issued in the Abuja division of the Federal High Court, and meant for service outside jurisdiction ought to be endorsed as required under Section 97 of the SCPA.
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