The plan of the People’s Democratic Party (PDP) to secure prompt hearing of the suit it filed against the five governors who defected to the opposition All Progressives Congress (APC) did not sail through on Wednesday.
Counsel to PDP, Alex Iziyon (SAN) wanted the court to hear his fresh motion on notice, but the defendants’ lawyers — John Baiyeshea (SAN), Yusuf Ali (SAN), Lateef Fagbemi (SAN) and Awa Kalu (SAN) — maintained that their pending motions challenging the competence of an earlier service on their client shad to be heard first.
PDP had sued the Independent National Electoral Tribunal (INEC) and Governors Murtala Nyako (Adamawa), Rotimi Amaechi (Rivers), Aliyu Wamakko (Sokoto), Rabiu Kwankwaso (Kano) and Abdulfatai Ahmed (Kwara) before the Federal High Court, Abuja, seeking their sack following their defection from the party.
According to the party, the governors should be sacked because by defecting, they have forfeited their offices, which have in turn reverted to the party. It also wants the court to order the deputy governors or speakers of the states’ Houses of Assembly of the affected states, or any officer next in rank, who is still its member, to assume the office of governor.
It asked the court to declare that by the combined provisions of sections 177 (c), 221 and 222 (c) of the 1999 Constitution, the five governors, who were elected under its platform, cannot continue to enjoy the mandate given to it (PDP) by the people/electorate of the concerned states as they (governors) have defected to another political party.
It is also seeking a declaration that in the absence of any division in the PDP, the five governors have vacated or forfeited their seats upon their defection to the APC.
The party wants a declaration that, by the combined provisions of sections 87 of the Electoral Act 2011 (as amended), and sections 177 (c), 221 and 222 (c) of the 1999 Constitution, the offices of the defected governors have reverted to the PDP.
The PDP also wants the court to declare that, by the combined provisions of sections 177 (c), 221 and 222 (c) of the 1999 Constitution, upon the defection of the five governors, the mandate reverts to the deputy governor or speaker of the state houses of assembly of the respective states or any officer next in rank who is still a member of the PDP.
On Wednesday, Iziyon explained he filed the fresh motion because the defendants challenged the earlier service of processes on them. He said he opted to notify the defendants’ lawyers of his intention to serve the defecting governors through their liaison offices because of their position that they entered appearance in protest.
But the defendants’ lawyers argued that their application challenging the earlier service on their clients was made earlier than Iziyon’s and so should be heard and decided first.
But in his ruling, Justice Gabriel Kolawole elected to hear all pending applications together, and adjourned the matter to 7th April 2014 for hearing.
