Hearing in the suit instituted by the Peoples Democratic Party (PDP) against Governors Murtala Nyako, Chibuike Amaechi, Aliyu Wamakko, Rabiu Kwankwaso and Abdulfatai Ahmed of Adamawa, Rivers, Sokoto, Kano and Kwara states respectively, challenging their defection to the opposition All Progressives Congress (APC) was yesterday stalled following claims by the governors that they were not served with court process in respect of the case.
The five governors, whose seats are being sought to be declared vacant on account of their defection to the APC, followed it up with multiple applications challenging the claims by the PDP that hearing notices and originating summons have been served on them.
To worsen the situation, the court declined the application by the PDP to serve summons on the governors in court through their legal representations.
The legal team for the plaintiffs anchored by Dr. Alex Izinyon (SAN) with Damian Dodo (SAN); Omoruyi Omonuwa (SAN) and Dr. Fabian Ajogwu (SAN) had complained about the difficulty to effect appropriate service of court summons on the governors on account of alleged irregularities in address of the National Headquarters of APC in Abuja.
Following the development, Izinyon prayed the court to cause a bailiff to serve court summons on the governors through their individual lawyers present in court, to pave way for speedy hearing of the suit.
But his oral application was vehemently opposed by the defence counsel, who refused to accept the service of court summons on behalf of their clients on the floor of the court, on the grounds that PDP had failed to do the proper service allowed by law.
The lawyers are Chief Olujinmi (SAN) a former Minister of Justice for Governor Ahmed, Prince Lateef Fagbemi (SAN) for Chibuike Amaechi, Mallam Yusuf Ali (SAN) for Musa Kwankoso, Chief Awa Kalu (SAN) for Aliyu Wamakko and Mr. John Olusola Baiyeshea (SAN) for Muritala Nyako.
They argued that PDP had to serve the governors through the APC National Headquarters at No 6, Bissau Street, Wuse Zone 6, as ordered by the court on December 13, 2013 and not on the floor of the court.
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