Court grants PDP’s application to serve defecting govs by substituted service

An Abuja Federal High Court on Friday granted an ex-parte application filed by the People’s Democratic Party (PDP) for substituted service against its five governors who defected to the All Progressives Congress (APC).

PDP had sued the governors, praying the court to declare their seats vacant on account of their defection on Nov. 26, 2013.

The affected governors are Abdulfatah Ahmed (Kwara), Chibuike Amaechi (Rivers), Rabiu Kwankwaso (Kano State), Aliyu Wamakko (Sokoto State) and Murtala Nyako (Adamawa).

Delivering ruling, Justice Gabriel Kolawole, held that the PDP had disclosed good reasons to warrant the granting of the application and granted the application accordingly.

“I am satisfied that the plaintiff/applicant has disclosed good reasons to warrant the granting of the application.

“The plaintiff’s application is, hereby, granted as prayed and the applicant shall within seven days publish one insertion of the suit in THISDAY or GUARDIAN newspapers.

“The defendants would be entitled to thirty days within which to respond,’’ the judge ordered.

Earlier, Dr Alex Izinyon, PDP’s counsel, who moved the application, said the application filed on June 26 was brought pursuant to Order 6 Rule 5(c) of the Federal High Court Procedure.

The one-prayer application is supported by a 12-paragraph affidavit deposed to by one Friday Izinyon from Izinyon’s chambers.

Also Kolawole had on June 24 adjourned the case sine die (indefinitely) for want of diligent service by the PDP.

He held that PDP failed to properly serve the governors with the court processes at the address earlier ordered by him and consequently directed the party to comply with the law in serving the governors.

The judge adjourned the case to Sept. 22 for mention. (NAN)

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