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abujagirl
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An Abuja Federal High Court on Friday struck out a suit filed by the Peoples Democratic Party (PDP), urging the court to sack its five governors who defected to APC.
Delivering his ruling, Justice Gabriel Kolawole, held that the suit's originating processes were invalid because they were wrongly issued and served on the defendants.
"This suit is struck out as the originating summons has been declared invalid. It is preposterous, audacious and breathtaking for the plaintiff to argue that the defendants sued individually in personal capacity, could be served through the office of the party to which they defected.
"Having been described as governors of their respective states, who carry out most of their functions in their states' capitals, it was wrong to assume that they reside or operate from APC headquarters in Abuja.
"Since APC is not a party in the suit meant to sack the governors, it is wrong to provide the APC's address as the place where the governors could be served,’’ Kolawole ruled.
The PDP filed the suit against the Governors in December 2013. The sued governors are: Rotimi Amaechi (Rivers), Rabiu Kwankwaso (Kano), Aliyu Wamakko (Sokoto), Abdulfatai Ahmed (Kwara).
The PDP also joined the impeached Adamawa Governor, Murtala Nyako, whose name was removed from the suit shortly after his impeachment and the Independent National Electoral Commission (INEC) as defendants.
The party had through its counsel, Mr Alex Izinyon (SAN), prayed the court to declare the defecting governors' seats vacant, and order INEC to conduct elections to replace them.
#PDP #APC #Kwara #Amaechi #Wamakko #Kano #Kwankwaso
Delivering his ruling, Justice Gabriel Kolawole, held that the suit's originating processes were invalid because they were wrongly issued and served on the defendants.
"This suit is struck out as the originating summons has been declared invalid. It is preposterous, audacious and breathtaking for the plaintiff to argue that the defendants sued individually in personal capacity, could be served through the office of the party to which they defected.
"Having been described as governors of their respective states, who carry out most of their functions in their states' capitals, it was wrong to assume that they reside or operate from APC headquarters in Abuja.
"Since APC is not a party in the suit meant to sack the governors, it is wrong to provide the APC's address as the place where the governors could be served,’’ Kolawole ruled.
The PDP filed the suit against the Governors in December 2013. The sued governors are: Rotimi Amaechi (Rivers), Rabiu Kwankwaso (Kano), Aliyu Wamakko (Sokoto), Abdulfatai Ahmed (Kwara).
The PDP also joined the impeached Adamawa Governor, Murtala Nyako, whose name was removed from the suit shortly after his impeachment and the Independent National Electoral Commission (INEC) as defendants.
The party had through its counsel, Mr Alex Izinyon (SAN), prayed the court to declare the defecting governors' seats vacant, and order INEC to conduct elections to replace them.
#PDP #APC #Kwara #Amaechi #Wamakko #Kano #Kwankwaso