Absence of Justice Gabriel Kolawole of the federal High court sitting in Abuja to sit and deliver judgement in a suit filed by the ruling peoples Democratic party,PDP against five governors of the party that recently defected to the leading opposition party, All progressive congress,APC .
No official reason was given to Saturday pilot why almost all the Justices of the federal High court Abuja division refused to sit.
Justice Gabriel Kolawole of the Federal High Court, Abuja had fixed yesterday to decide on the affected five governors fate.
The defected governors had during court proceedings at the last adjourned date asked the court through their counsel to set aside its order of December 13, 2013 which ordered the PDP to serve the originating summons in the court.
The judge, Justice Kolawole had maintained that the processes of the matter be served on the five defected governors at the APC headquarters.
The affected governors who had on Nov. 26, 2013, left the PDP for the APC.are: Abdulfatah Ahmed, Rotimi Amaechi, Aliyu Wamakko, Murtala Nyako of Kwara, Rivers, Kano, Sokoto and Adamawa states respectively.
The PDP, on the other hand had sued the governors, asking the court to declare their seats vacant on account of their defection to the APC.
It will be recalled that on 02 April 2014, Justice Adeniyi Ademola had, in what could best be described as a landmark judgment, ruled that 37 members of house of Reps should resign and vacate their seats as a result of their defecting from the PDP to APC which is expected to set the precedent for the forthcoming judgment today.
Chief Akinlolou Olujinmi (SAN), Prince Lateef Fagbemi (SAN), Chief Awa Kalu (SAN) and Mallam 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, arguing that the decision of the plaintiff in the matter not to take the processes to the address ordered by the court is a violation judicial procedures.
It had been argued that the originating summon supposed to be served at No. 6 Bissau street, zone 6, Abuja, was erroneously taken to No. 40 Valentine street by the court’s bailiff. They insisted that the summon cannot be served on the APC Headquarters since the party is not a defendant in the case.
The fact that the plaintiff admitted to serve anew the process on the defendants shows that the service was initially faulty, they insisted.
Mr. Damian Dodo (SAN), Counsel to the PDP, told the court that the application to set aside the order of the court of Dec. 13, 2013 should be thrown out 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.
Another PDP’s counsel, Dr. Alex Izinyon (SAN), had filed the suit on behalf of the party, asking the court to declare the seats of the defected governors vacant pursuant to Section 177 (c), 221 and 222 (c) of the Constitution of the Federal Republic of Nigeria.