DEFECTION SUIT: Court set to deliver Verdict on Monday As the Federal High Court sitting in Abuja is set on tuesday to give verdict in a legal battle challenging the defection of five governors from the ruling People’s Democratic Party (PDP) to the All Progressive Congress (APC) the affected governors are in fear following Justice Ademola Adeniyi judgement that send 37 federal lawmakers packing. Judgment on the celebrated case was adjourned sine-die last month by Justice Gabriel Kolawole due to his numerous official engagements outside Abuja. But at the last adjourned date, the Judge informed parties in the suit through their respective lawyers that his judgment was ready and would be delivered on June 24,2014 (tomorrow). The legal action was filed the embattled PDP seeking order of the court against its former governors to declare their governorship seats vacant on account of defection. The party claimed that there was no basis for the deflection by the governors and that if there was any, it has been amicably resolved within the party. PDP was however tackled by the governors who claimed that no legal action has been instituted against them either individually or jointly having not been served with court papers as demanded by law. The governors asked Justice Kolawole to dismiss the purported suit against them until the PDP comply with required provisions of law on the service of the originating summon adding that they read the existence of the case on pages of newspapers. The governors are Alhaji AbdulFatah Ahmed of Kwara, Alhaji Aliyu Wamako of Sokoto, Dr. Rabiu Musa Kwankaso of Kano, Alhaji Muritala Nyako of Adamawa and Mr. Rotimi Amaechi of Rivers State. PDP while instituting the case purportedly served the court process on No. 6, Bissau Street Wuse, Abuja the former office of the defunct Action Congress of Nigeria which could not be received by the governors. In a desperate move, the party moved the court summons to No. 40, Blantyre Street, Wuse, Abuja believed to be the National Secretariat of APC but which could not be delivered to the defendants. Apparently in reaction to the newspaper publications on the legal action, counsel to the governors stormed the court under protest to challenge the purported service of court papers on the governors. They claimed in their different reactions that the appropriate places to serve them with court summons are their office in their respective state capitals. The governors insisted that no legal action has been instituted against them until they have been properly served with court summons and other processes. But PDP stood its ground that the governors were just evading papers that have delivered at the APC national secretariat being their new political party. Justice Kolawole who was to give verdict on whether the governors have been properly served with court papers or not was not available in court last month to deliver his decision. Governor Ahmed in a motion filed on his behalf by the former Attorney General of the Federation (AGF) and Minister of Justice Chief Akin Olujinmi SAN challenged the purported PDP court action against him. He asked Mr. Justice Kolawole to set aside the purported originating summon and the hearing notice issued against him on the ground that he has nothing to do with the address where the court process was delivered to him. The governor in the motion contented that PDP knows where to locate him and his address and that the failure of the party to do the right thing should lead to striking out of the purported suit against him.
Posted on: Sun, 22 Jun 2014 16:29:57 +0000