Govs’ defection: Improper service of summons stalls proceedings

By Ameh Ejekwonyilo
Abuja

The legal action instituted six months ago by Peoples Democratic Party (PDP) to challenge the legality of the defection of governors to the All Progressives Congress (APC) yesterday suffered a major setback due to want of diligent service.
The matter was shot down indefinitely by the court on the ground of failure of the PDP to properly serve the originating summon and other court processes on the defendants.
The defendants included Governors of Kwara, Rivers, Adamawa, Sokoto and Kano states.

The PDP in a legal action is seeking to declare their governorship seats vacant on account of defection to opposition party.
Ruling in the disputed mode of service of court summon on the governors adopted by the PDP, Justice Gabriel Kolawole of the Federal High Court, Abuja, held that PDP failed to follow the procedures allowed by law in reaching the defendants since December 10, when the court action was instituted.
The governors are AbdulFatah Ahmed, Kwara, Rotimi Chibuike Amaechi Rivers, Muritala Nyako Adamawa, Aliyu Magatakarda Wamakko Sokoto and Rabiu Musa Kwankwaso of Kano.

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) had done the needful and put its house in order on the effective service of court summon.
The purported service of court process allegedly effected at No. 40 Blantyre Street, being the new office of the APC was declared illegal, invalid, defective and was dismissed by the court for not having the court endorsement.
Justice Kolawole held that the issue of service of originating summons by the plaintiff on the defendants was fundamental before any court can take further action against any defendant, adding 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 would comply with the law in the service of the originating summon on the five governors.