PDP’s bid to unseat five govs over defection stalled

• APC’s Reps may drop threat to block budget after Mbu’s removal 

FIVE governors who decamped to the All Progressives Congress (APC) Thursday stalled the hearing of a case initiated by the People’s Democratic Party (PDP) seeking to remove them from office on account of their defection.

  The governors are Rotimi Chibuike Amaechi (Rivers), Alhaji Murtala Nyako (Adamawa), Alhaji Magatakarda Wamakko (Sokoto), Alhaji Rabiu Kwankwaso (Kano) and Alhaji Abdulfatai Ahmed (Kwara).

  Besides, the members of the opposition All Progressives Congress (APC) in the House of Representatives yesterday said that the redeployment of the Rivers State Police Commissioner, Mr. Joseph Mbu, to the Federal Capital Territory (FCT) might make them to abandon their threat to block the debate on the 2014 budget.

  Last week when the PDP’s case came up, the defendants (defecting governors and the Independent National Electoral Commission (INEC)) were absent, causing Justice Gabriel Kolawole to fix hearing for February 6, 2013.      

  He directed that they be notified of the service of processes by substituted means of pasting it on the headquarters of APC and also ordered the plaintiffs to serve a hearing notice vide publications in two national dailies, The Guardian and Thisday newspapers.

   But at the resumption of proceedings yesterday, five Senior Advocates assisted by nearly 100 lawyers appeared in court for the governors “in protest” against the purported service of the processes of the plaintiffs on them at the wrong address.  

  The senior legal practitioners on the defence included Lateef Fagbemi (SAN), Chief Akinlolu Olujinmi (SAN), Malam Yusuf Ali (SAN), Prof. Awa Kalu (SAN) and Mr. John Olusola Baiyeshea (SAN).

  INEC’s counsel and those of the other defendants argued that the purported service of the processes by the court’s bailiff on an address other than the national headquarters of APC situated at No 6, Bissau Street, Wuse Zone 6 as specifically ordered by the court on December 13, 2013 had rendered the service invalid and ineffectual.

  In reaction, the plaintiffs’ legal team comprising Dr. Alex Aigbe Izinyon (SAN), Damian Dodo (SAN) and O. A. Omunuwa (SAN) said he saw no reason the defence counsel would be objecting to the substituted service when the purpose was for them to be aware of the case and come to court.

  Izinyon submitted: “My lord, they were not in court the last time, but by the substituted order of pasting it in their office and publishing advertorial in the two national dailies, they have become aware and have come to court today. The essence of the service is for knowledge and that has been achieved. I do not see why they should now challenge service. But should they insist, we would be asking my lord to direct that we serve counsel to parties here in court or we return and serve on the same Guinea Bissau address as they have not told us even in their motion where their office is now.” 

  The lawyers also maintained that they only appeared in protest in court based on newspaper advertisements in the two national dailies that their clients had been sued and asked the court to compel the PDP to do the right thing known to law.

  Earlier, the trial judge, Justice Gabriel Kolawole, had wondered aloud why defence counsel would object to service, since in his view, the essence of service is to bring a matter to the attention of the parties.

  But all the counsel to the governors said the instruction they had was “to protest against the service, not to accept it.” 

  Justice Kolawole who agreed with the lawyers to the governors that the service of court summons could not be forced on them, ordered the PDP to take the summons to the address expressly stated in the order granted in favour of the party two months ago.

  The judge held that the issue of service of court summons was so germane to any legal action as it affects the jurisdiction of any law court and must be properly done in line with the provisions of the law.

  Justice Kolawole ordered that the court summons be served on the governors along with other processes already filed by the PDP at the APC National Secretariat at No 6, Bissau Street, Wuse Zone 6.

  He then adjourned the case till February 24, 2014 for report of service and the reply of the PDP to the motions filed by the defendants to challenge the purported service to court summons on them at a wrong address.

  In an interview with The Guardian, the House Minority Leader, Mr. Femi Gbajabiamila, noted that his colleagues in the House of Representatives could reconsider their stance particularly on the 2014 budget with the redeployment of Mbu.

  Noting that Mbu’s redeployment has vindicated the APC’s position on the need to ensure orderliness in the polity, he stated: “Now, we can debate the so-called budget. As I said earlier, extraordinary and desperate situations call for extraordinary measures. We have been vindicated that there is more than one way to skin a cat. As a party, we have adopted a less attractive but legitimate way when all else failed and it has worked. The people of Nigeria are the beneficiaries.”

  When the House Leader, Mulikat Adeola-Akande, moved a motion for the second reading of the 2014 budget, APC members in the House led by Mr. Emmanuel Jime (Benue) stalled the debate on the basis that there was a breach of the Fiscal Responsibility Act that stipulates that a yearly budget must be accompanied by the revenue and expenditure estimates of the Nigerian National Petroleum Corporation (NNPC), the Central Bank of Nigeria (CBN) and 29 other government’s corporations.