A Federal High Court in Abuja on Friday dismissed the suit filed by the Peoples Democratic Party, PDP, seeking to sack four governors who decamped from the party to the All Progressive Party, APC.
The governors are Rotimi Amaechi (Rivers), Rabiu Kwankwaso (Kano), Abdulfatah Ahmed (Kwara), and Aliyu Wamakko (Sokoto). The name of a fifth governor, Murtala Nyako of Adamawa State, was removed from the list after he was impeached.
In a ruling that lasted over two hours, Justice Gabriel Kolawole, struck out the suit on the grounds that the originating processes filed by the PDP were invalid as they were wrongly issued and served on the defendants.
The judge ruled that the service of the processes on the defendant by substituted means – a publication in Thisday newspaper – without the leave of the court was a contravention of Section 96 of the Sheriff and Civil Processes Act.
The defence counsels had challenged the legality of the service of the court processes on them through the national secretariat of the APC, an argument upheld by the court.
In December 2013, the PDP had approached the court seeking that the seats of the governors, who defected to the APC and the Independent National Electoral Commission, INEC, be compelled to hold fresh elections into their offices.