A Federal High Court sitting in Abuja, Nigeria’s federal capital, has struck out the suit filed by the Peoples Democratic Party, PDP, seeking an order sacking the four sitting governors who defected from the party to the All Progressives Congress, APC.
The presiding judge, Justice Gabriel Kolawole, in a ruling on Friday, struck out the suit against the governors on the grounds that the originating processes filed by the PDP to initiate the suit were invalid.
The court upheld the arguments of the plaintiff that the originating processes were wrongly issued and served on the defendants.
Justice Kolawole also held that the 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 PDP had in December 2011, sued the governors and the Independent National Electoral Commission, INEC, asking the court to declare the defecting governors’ seats vacant.
The governors are Rotimi Amaechi of Rivers State, Aliyu Wamakko of Sokoto State, Rabiu Kwankwaso of Kano and Abdulfatai Ahmed of Kwara.
A former Adamawa State Governor, Murtala Nyako was removed from the suit shortly after his impeachment.
While the Kano State Governor, Rabiu Kwankwaso, recently placed second in the APC presidential primary election, Governor Rotimi Amaechi has been named among the contenders who could be the running mate for the party’s presidential candidate, General Muhammadu Buhari.
