Defection: PDP Loses Suit Against Amaechi,Kwankwaso,Others

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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.

 

http://www.vanguardngr.com/2014/12/defection-pdp-loses-suit-amaechi-‎kwankwaso-2-apc-govs/
 
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