PDP suffers setback in plot to remove decampee governors A - TopicsExpress



          

PDP suffers setback in plot to remove decampee governors A Federal High Court in Abuja has temporarily dented the hope of the ruling Peoples Democratic Party, PDP, to have the five governors who defected from the party last October to the opposition All Progressives Congress, APC, removed from office. Justice Gabriel Kolawole of the Federal High Court, Abuja, Tuesday, ruled that the PDP failed to properly serve the originating summons and other court processes on the defendants. The decampee governors are AbdulFatah Ahmed, Kwara; Rotimi Amaechi Rivers; Murtala Nyako Adamawa; Aliyu Wamako, Sokoto; and Rabiu Kwankwaso of Kano. In his ruling on the disputed mode of service of the court summons on the governors, Mr. Kolawole held that the PDP failed to follow the procedures allowed by law in reaching the defendants since December 10 when the court action was instituted. The court agreed with lawyers to the governors that they have not been served with court papers and as such the court cannot assume jurisdiction until the plaintiff –PDP- has done the needful on the effective service of the court summon. The service of court process allegedly executed at No. 40, Blantyre Street, being the new office of the APC, was declared illegal, invalid, and defective; and was dismissed by the court for not having its endorsement. Justice Kolawole held that the service of originating summons by the plaintiff on the defendant was fundamental before any court can take further action against any defendant. He added that in the instant case, the service done by PDP was not in conformity with the procedure of the court. The judge adjourned the case sine-die –indefinitely- pending the time the plaintiff will comply with the law in the service of the originating summons on the five governors. Mr. Kolawole asked PDP to formally write the court and attach the evidence of proper service of court processes on the defendants before any action could be taken against the governors....
Posted on: Tue, 24 Jun 2014 17:36:12 +0000

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