In a ruling yesterday, the court dismissed the suit against Governors Rotimi Amaechi (Rivers); Rabiu Kwankwaso (Kano), Aliyu Wamakko (Sokoto), and Abdulfatai Ahmed (Kwara).
Though PDP originally dragged five governors before the high court, however, following the impeachment of Murtala Nyako of Adamawa State, his name was accordingly struck out from the suit.
Justice Gabriel Kolawole struck out the suit against the governors on the grounds that the originating processes filed by the PDP to initiate the action were invalid.
The court upheld the arguments of the plaintiff that the originating processes were wrongly issued and served on the defendants.
Justice Kolawole held that failure of the plaintiff to seek court’s leave to serve the governors through substituted means by publication in the July 3, 2014 edition of This Day newspaper contravened provisions of Section 96 of Sheriff and Civil Processes Act. Besides, he maintained that absence of endorsement on the processes violated Section 97 of the same law.
He held that irregularities in service of a process on a party could only be ignored if such party decided to wave his rights.
The governors had through their various lawyers, challenged the legality of the court papers PDP served on them through the National Secretariat of the APC in Abuja.
They argued that since PDP sued them in their personally capacity, the court papers ought to have been served at the Governors’ lodge in each of the affected states, even as they challenged the jurisdiction of the Abuja court to entertain the matter.
There argument was upheld by the court yesterday.
PDP had urged the court to okay an accelerated hearing of the matter so as to ensure that the four remaining Governors were sacked before May 29, 2015.
The party said that going by the express provisions of sections 177 (c), 221 and 222 (c) of the 1999 Constitution, the court, ought to declare the governors as ineligible to remain in office having defected to the APC.
