Justice Gabriel Kolawole of a Federal High Court sitting in Abuja has fixed May 23, 2014 for ruling on the motion filed by five governors, who defected from the Peoples Democratic Party (PDP) to the All Progressives Congress (APC).

During the proceedings of the court yesterday, the defected governors through their counsel asked the court to set aside its order of December 13, 2013 which ordered the PDP to serve the originating summons in the case at No. 6, Bissau street, Zone 6, Abuja.

Justice Kolawole had said that the processes in the matter should be served on the five defected governors at the APC headquarters.
Governors Abdulfatah Ahmed of Kwara, Rotimi Amaechi of Rivers, Rabiu Kwankwaso of Kano State, Aliyu Wamakko of Sokoto State and Murtala Nyako of Adamawa, had on Nov. 26, 2013, left the PDP for the APC.

The PDP had sued the governors, seeking a court order to declare their seats vacant on account of their defection to the APC.

Chief Akinlolou Olujinmi (SAN), Prince Lateef Fagbemi (SAN), Chief Awa Kalu (SAN) and Malam Yusuf Ali (SAN), counsel to the governors in the matter told the court not to rely on the affidavit in support of the originating summon because it is contradictory.

They argued that the decision of the plaintiff in the matter not to take the processes to the address ordered by the court is a clear disobedience of the court ordered.

It was argued that the originating summon was taken to No. 40 Valentine street by the bailiff of the court instead of No. 6 Bissau street, zone 6, Abuja.

They further argued that the summon cannot be served on the APC Headquarters since the party is not a defendant in the case before the court.

It was also argued that since the plaintiff admitted to re_serve the process on the defendants, it shows that the service they did initially was faulty.

Counsel to the PDP, Mr. Damian Dodo (SAN), told the court that the application to set aside the order of the court of Dec. 13, 2013 must fail because it was filed out of time.
He said that the order was served in error on 40, Valentine street instead of 6, Bissau street.

"In accordance with the order of the court, service has been effected on all the defendants. We are here out of caution to ask the court for leave to serve the process at the liason offices of the governors.

The PDP, through their counsel, Dr Alex Izinyon (SAN), filed the suit on behalf of the party, asking it to declare the seats of the defected governors vacant.

The suit was filed pursuant to Section 177 (c), 221 and 222 (c) of the Constitution of the Federal Republic of Nigeria.