LBW

Saturday, 13 December 2014

PDP LOSES SUIT AGAINST AMAECHI, OTHERS



ABUJA -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).

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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