Govs’ defection: Court orders fresh substituted service on 5 govs

Blueprint Whatsapp

By Ameh Ejekwonyilo

Justice Gabriel Kolawole of the Federal High Court in Abuja has 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 Thisday Newspapers or Guardian Newspapers.
The presiding judge, Justice Gabriel Kolawole granted the order following an application filed on 26 June 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 summons on the defected governors who left the PDP for All Progressives Party (APC) last year.
He had argued that the ex-parte application based on seven grounds that were supported by 12 paragraphs 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 The Guardian Newspapers. They (respondents) would be entitled to 30 days to respond. The case is adjourned to 22nd Sept, 2014 for mention.

Justice Kolawole had recalled during the ruling that the Court had on 24 June ruled that the service earlier effected on five governors: Governor AbdulFatah Ahmed of Kwara state, Governor Rotimi Chibuike Amaechi of Rivers State, Governor Muritala 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 odf the APC instead of .No. 6 Bissau Street, Wuse II as directed by the court. And the judge had said the plaintiff ought 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.

Related content you may like