The absence of Justice Gabriel Kolawole of the Federal High Court, Abuja on Monday stalled hearing in the suit filed by the Peoples Democratic Party against five governors elected on its platform, who defected to the All Progressives Congress.
The PDP had sued the five governors and prayed the court to declare their seats vacant.
The governors – Abdulfatah Ahmed (Kwara), Rotimi Amaechi (Rivers), Rabiu Kwankwaso (Kano State), Aliyu Wamakko (Sokoto State) and Murtala Nyako (Adamawa) – had on November 26, 2013 defected to APC.
The PDP counsel, Alex Izinyon (SAN), who filed the suit on behalf of the party, said it was brought pursuant to Section 177 (c), 221 and 222 (c) of the Constitution of the Federal Republic of Nigeria.
The court was expected to hear if the PDP had served the defected governors at today’s hearing.
Kolawole was also to hear PDP’s reply to the motions filed by the defendants’ counsel.
The judge had on January 6 ordered the PDP to serve hearing summons on its five defected governors at the APC headquarters and not on the floor of the court.
He gave the order following Izinyon’s complaint that he was unable to serve the governors due to irregularities in the address of APC National Headquarters and the defence counsel’s refusal to accept service in court.
He said this was on account of alleged irregularities in the address of the National Headquarters of the APC in Abuja.
Five Senior Advocates of Nigeria, leading about 100 other lawyers for the governors, refused to accept Izinyon’s service of court summons on behalf of their clients in court.
The senior advocates are Chief Akin Olujinmi for Ahmed, Lateef Fagbemi for Amaechi, Yusuf Alli for Kwankwaso, Awa Kalu for Wamakko and John Baiyeshea for Nyako.
The case was adjourned indefinitely as the counsels could not agree on an adjourned date that was convenient to both sides.
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