The Peoples Democratic Party (PDP) suit seeking to sack the five defecting governors on Wednesday suffered a setback as it failed to get the court to issue an order of substituted service to effect service to the governors through their Liaison offices in Abuja.
The party had anticipated a prompt hearing of its suit against the five governors who defected from the party to the opposition All Progressives Congress (APC).
The efforts by PDP’s lawyer, Alex Iziyon (SAN), to have the court hear his fresh motion on notice, with which he sought to obtain the court’s permission to serve the governors through their states’ liaison offices in Abuja, yielded no fruit.
Defendants’ Counsel, including John Baiyeshea (SAN), Yusuf Ali (SAN), Lateef Fagbemi (SAN) and Awa Kalu (SAN) insisted that their pending motions, challenging the competence of an earlier service effected on their client, should be heard first.
The PDP had sued the Independent National Electoral Tribunal, Murtala Nyako (Adamawa), Rotimi Amaechi (Rivers), Aliyu Wamakko (Sokoto), Rabiu Kwankwaso (Kano) and Abdulfatai Ahmed (Kwara) before the Federal High Court, Abuja, seeking their sack following their defection from the party.
Iziyon, on Wednesday, said his decision to file the fresh motion was informed by the defendants’ challenge of the earlier service of processes on them.
He said he decided to notify the defendants’ lawyers of his intention to serve the defecting governors through their liaison offices because of their position that they entered appearance in protest.
He said the intention was not to serve the governors through their lawyers. He urged the court to hear his fresh motion.
The defendants’ lawyers argued that their application challenging the earlier purported service on their clients were earlier in time and should be heard and decided first before the court would go ahead to entertain the new application, Iziyon averred.