Court grants PDP leave to serve defecting govs by substituted service By Kenneth Atavti A federal high court sitting in Abuja, yesterday, granted the Peoples Democratic Party, PDP’s prayer to serve the five defected governors through substituted means by publishing the suit against them in either in ThisDay Newspapers or Guardian Newspapers. Justice Gabriel Kolawole granted the order following an application filed on June 26, 2014 by Dr. Alex Izinyon SAN on behalf of the party. The application was brought pursuant to order 6 rule 5 (c) of the federal high court, with one prayer for substituted service of the summon on the defected governors who left PDP for All Progressives Party, APC, last year. He had argued the ex-parte application based on seven grounds that were supported by a 12-paragraph affidavit deposed to by Friday Izinyon. In his ruling, Justice Kolawole said, “I am satisfied that the plaintiff/ applicant has disclosed good reasons to warrant the granting of this application. And it is hereby granted as prayed.” “The applicant shall within 7 days, publish the suit in one insertion in the ThisDay Newspapers or Guardian Newspapers. They (respondents) would be entitled to 30 days to respond. The case was adjourned to September 22, 2014 for mention. Justice Kolawole had recalled during the ruling that the court had on June 24 ruled that the service earlier effected on five governors, Governor Abdulfatah Ahmed of Kwara State, Governor Rotimi Chibuike Amaechi of Rivers State, Governor Murtala Nyako of Adamawa State, Governor Aliyu Magatakarda Wamakko of Sokoto State and Governor Rabiu Musa Kwankwaso of Kano state were defective. PDP deviated from the court order made on December 13, 2013 and took the originating summon to No. 40, Blantyre street, Abuja the new office of the All Progressives Congress, APC, instead of No. 6 Bissau Street, Wuse II as directed by the court. And the judge had said the plaintiff ought to have come back to vary the earlier order of service. He had also stated that the purported service of court process allegedly effected at No. 40 Blantyre street, being the new office of the APC was illegal, invalid, defective, essentially as it was not endorse by the court before it was dropped at that premises. The Peoples Democratic Party, PDP, had instituted the action on December 10, 2013 praying the court to declare the seats of the five governors vacant.
Posted on: Sat, 28 Jun 2014 06:56:42 +0000
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