suit before the Abuja Division of the Federal High Court
seeking to declare their seats vacant
.
The Peoples Democratic Party, PDP, had gone before the high
court, praying it to declare the seats of the five Governors
vacant following their defection to the opposition APC, and
order that the Deputy Governor or Speaker of the State
Houses of Assembly of the respective states, be sworn-in to
replace the defendants.
Those PDP urged the court to sack from office were
Governors Murtala Nyako of Adamawa State, Rotimi
Chibuike Amaechi of Rivers, Alhaji Magatakarda Wamakko
of Sokoto, Alhaji Rabiu Kwankwaso of Kano and Alhaji
Abdulfatai Ahmed of Kwara state, who were listed in the suit
as 2nd to 6th defendants, respectively.
Besides, the Independent National Electoral Commission,
INEC, was also cited as the 2nd defendant in the matter.
Presiding Justice Gabriel Kolawole had on December 13 last
year, granted an ex-parte order that allowed PDP to serve all
the relevant court processes to the defendants through
substituted means.
However, at the last adjourned date, January 27, the party,
told the court that it found it difficult to reach any of the
defendants, even as it pleaded to be allowed to paste the
processes at the National Secretariat of the APC situated at No
6 Guinea Bissau street, Wuse Zone 6, Abuja, as well as
publish the hearing notice on two national dailies, an
application that was granted.
Meantime, though all the affected governors appeared in court
yesterday, they challenged the powers of the court to proceed
with hearing the substantive suit against them, contending that
PDP failed to properly serve them the court processes.
Maintaining that their appearance in court yesterday was in
protest, the governors said they only saw the hearing notice in
the Newspapers.
Consequently, the defendants, through their various lawyers,
took turns yesterday to challenge the purported service of the
originating summons on them by the PDP.
Spirited effort by a team of three Senior Advocates of Nigeria,
SANs, that represented PDP to persuade the court to allow
them to serve the court processes on the governors inside the
courtroom yesterday proved abortive as their lawyers declined
to accept the papers, saying their clients did not give them
such mandate.
Lead counsel to the PDP, Dr Alex Iziyon, SAN, explained
that the bailiff went to paste the hearing notice only to
discover that APC has moved its National Secretariat to
another place.
"My Lord, at the time of filing this suit, the National
Secretariat of the APC was at No 6 Guinea Bissau street,
Wuse Zone 6, but the bailiff upon discovering that the address
has changed, used his own initiative and decided to go and
paste the court order at the new address at No 40 Blantyre
street at Wuse 2.
"My Lord the contention of the 2nd to 6th defendants is that
they were not served at the address specifically mentioned in
the order. This is a clear strategy to frustrate hearing on this
matter. They are here already. I'll plead that since they are
insisting that they do not have the relevant court processes, we
can serve it to them through their counsels, or if they insist,
we can go back to the former address of the APC and paste
the order", Iziyon pleaded.
Sequel to refusal by all the SANs that appeared for the
defendants yesterday to accept the court papers on behalf of
their clients, PDP, applied for a short adjournment to enable it
regularize service.
In a short ruling, Justice Kolawole, who stressed that the issue
of service is a fundamental threshold matter that bothers on
jurisdiction, held that under the rules of the court, PDP, was
entitled to a period of 42 hours to respond the contention of
the governors.
He therefore adjourned the case till February 24 for mention
on report of service and argument on the motion by the
governors challenging the action of their former party with
regards to pasting of hearing notice for them at the APC
National Secretariat.
PDP had in the substantive suit, maintained that going by the
express provisions of sections 177 (c), 221 and 222 (c) of the
Constitution of the Federal Republic of Nigeria, the court,
ought to declare that the Governors are ineligible to remain in
office having defected to the APC.
It is seeking "A declaration that by the combined provisions
of section 177 (c), 221 and 222 (c) of the Constitution of the
Federal Republic of Nigeria 1999 (as amended) the 2nd – 6th
Defendants who were elected under the platform of the
plaintiff cannot continue to enjoy the mandate given to the
plaintiff by the people / electorate of the respective states as
the 2nd – 6th Defendants have defected to the All Progressive
Congress (APC).
"A declaration that in the absence of any division known and
recognized by law in the Plaintiff, the 2nd – 6th Defendants
who were elected under the plaintiff's platform have vacated
or forfeited their seats forthwith upon their defection to All
Progressive Congress (APC).
"A declaration that having combined provisions of section 87
of the Electoral Act 2011 (as amended), section 177 (c), 221
and 222 (c) of the Constitution of the Federal Republic of
Nigeria 1999 (as amended) the 2nd – 6th Defendants
defection from the Plaintiff to the All Progressive Congress
(APC), the offices of the 2nd – 6th Defendants have reverted
to the Plaintiff.
"A declaration that by combined provisions of section 177 (c),
221 and 222 (c) of the Constitution of the Federal Republic of
Nigeria 1999 (as amended) upon the defection of the 2nd –
6th Defendants defection from the Plaintiff the All
Progressive Congress (APC), the mandate reverts to the
deputy Governor or speaker of the State Houses of Assembly
of the respective states or any officer next in rank who is still
a member of the Plaintiff, to function and assume the office of
the Governor of the respective states in question.
As well as "A declaration that by the combined provisions of
sections 177 (c), 221 and 222 (c) of the Constitution of the
Federal Republic of Nigeria 1999 (as amended), the act of
defection by the 2nd – 6th defendant from the PDP under
whose platform they were elected to APC amounts to gross
misconduct."
Besides, PDP is also asking for an order of the high court
mandating / directing the State Houses of Assembly of
Adamawa, Rivers, Sokoto, Kano and Kwara, to forthwith,
commence impeachment proceedings against the 2nd – 6th
defendants.
Via: Vanguard
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