The Peoples Democratic Party, PDP, has lost its bid to declare seats of the four ‘rebel’ governors that defected to the All Progressives Congress, APC, vacant.
In a ruling Friday, the court dismissed the suit against Governors Rotimi Amaechi (Rivers); Rabiu Kwankwaso (Kano), Aliyu Wamakko (Sokoto), and Abdulfatai Ahmed (Kwara).
Though PDP originally dragged five governors before the high court, however, following the impeachment of Murtala Nyako of Adamawa State, his name was accordingly struck out from the suit.
Justice Gabriel Kolawole struck out the suit against the governors on the grounds that the originating processes filed by the PDP to initiate the action were invalid.
The court upheld the arguments of the plaintiff that the originating processes were wrongly issued and served on the defendants.
Justice Kolawole held that failure of the plaintiff to seek court’s leave to serve the governors through substituted means by publication in the July 3, 2014 edition of This Day newspaper contravened provisions of Section 96 of Sheriff and Civil Processes Act.
Besides, he maintained that absence of endorsement on the processes violated Section 97 of the same law.
He held that irregularities in service of a process on a party could only be ignored if such party decided to wave his rights.
The governors had through their various lawyers, challenged the legality of the court papers PDP served on them through the National Secretariat of the APC in Abuja.