Five governors, who defected from the People’s Democratic Party (PDP) to the All Progressive Congress (APC) on Thursday, rejected the wrong service of court processes in respect of a suit filed against them by the party.
The PDP in the suit instituted last December, seeks to sack the five governors, who defected to the opposition party.
The governors are – Murtala Nyako (Adamawa), Rotimi Amaechi (Rivers), Aliyu Wamakko (Sokoto), Rabiu Kwankwaso (Kano) and Abdulfatai Ahmed (Kwara).
On Thursday, lawyers representing the governors faulted the pattern of service of court processes on their clients.
Former Attorney General of the Federation, Akin Olujimi, John Baiyeshea, Lateef Fagbemi, Awa Kalu and Yusuf Ali (all Senior Advocates of Nigeria) told the Federal High Court in Abuja that they appeared in protest.
Baiyesha (for Nyako) said his client has not been served and that his appearance in court was based on the hearing notice he saw on two national dailies as ordered by the court.
“We have not seen all the processes including the originating summon filed by the plaintiff and that was why I said earlier that I appeared under protest and we have filed a motion reacting to the purported notice of hearing,” Nyako’s counsel said.
Fagbemi (for Amaechi) told the court that he filed a notice of conditional appearance dated February 5. He said he appeared under protest due to the non-service of processes on his client by the court’s plaintiff.
A similar case was made for Wamakko, Kwankwaso and Ahmed by their lawyers.
Olujimi told the court presided over by Justice Gabriel Kolawole the defendants have served the plaintiff’s lawyer with their motion challenging the “purported” service of hearing notices because according to Olujimi, “It is a threshold issue and we pray the court to hear us.”
The defence lawyers said they rejected the service because it was improper.
The defence team also rejected the suggestion, by plaintiff lawyer, Alex Iziyon (SAN) to hand the processes to them in court for their clients.
