A Federal High Court in Abuja yesterday held that proper service of processes was not effected on five governors of the All Progressives Congress (APC) over their defection.

The Peoples Democratic Party (PDP) had sought to declare vacant the seats of Governor Abdulfatai Ahmed (Kwara), Murtala Nyako (Adamawa), Chibuike Amaechi (Rivers), Aliyu Wammako (Sokoto) and Rabiu Kwankwaso (Kano) who all left the ruling party in November 2013.

But the governors had through their counsels raised objections to the mode of service of hearing notices done by the PDP.

Counsel to the PDP Alex Izinyon (SAN) had sought an order for substituted service following the inability of the court bailiff to locate the exact addresses of the governors after service at 40 Blantyre Street, Wuse II, Abuja did not get to the governors.

But defence counsels Akin Olujimi (SAN), Awa Kalu (SAN) Lateef Fagbemi (SAN), Yusuf Ali (SAN), and John Bayesha in their separate objections argued that the PDP did not meet the pre-conditions for the grant of order for substituted service.

They told the court that the PDP failed to serve at the right address being 6 Bissau Street, Wuse 6 in Abuja, adding that the governors can also be reached at their respective government houses in their state capitals where they reside and work.

In his ruling, Justice Gabriel Kolawole held that the PDP failed to follow the right procedures of law in reaching the defendants since December 10, 2013 when the suit was filed.

He added that service of processes being a fundamental aspect of litigation, the court cannot assume jurisdiction in the matter. He therefore adjourned indefinitely until a proper service is effected on all the parties.