The People’s Democratic Party (PDP) suit seeking to sack the five defecting governors suffered a setback yesterday as the party failed to get the court to issue an order of substituted service to effect service to the governors through their liaison offices in Abuja.

The party had anticipated a prompt hearing of its suit against the five governors who defected from the party to the opposition All Progressives Congress (APC).

The efforts by PDP’s lawyer, Alex Iziyon (SAN), to have the court hear his fresh motion on notice, with which he sought to obtain the court’s permission to serve the governors through their states’ liaison offices in Abuja, yielded no fruit.

Defendants’ Counsel, including John Baiyeshea (SAN), Yusuf Ali (SAN), Lateef Fagbemi (SAN) and Awa Kalu (SAN), insisted that their pending motions, challenging the competence of an earlier service effected on their clients, should be heard first.

The PDP had sued the Independent National Electoral Tribunal, 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.

Iziyon yesterday said his decision to file the fresh motion was informed by the defendants’ challenge of the earlier service of processes on them.

He said he decided 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. Iziyon said the intention was not to serve the governors through their lawyers. He urged the court to hear his fresh motion.

In another development, the Federal Government yesterday lost its bid to stop a Federal High Court from hearing the suit filed by the suspended governor of the Central Bank of Nigeria (CBN), Sanusi Lamido Sanusi, challenging his removal by President Goodluck Jonathan.

But counsel to the Attorney-General of the Federation (AGF), Chief Mike Ozekhome (SAN), vowed to challenge the decision, insisting that the court lacks the jurisdiction to adjudicate on the matter.

Against the government’s position, Justice Gabriel Kolawole ruled that he would hear both the substantive suit and the preliminary objection filed by the Federal Government challenging the jurisdiction of the court to hear the suit.

The government had on February 19 removed Sanusi over report by the Financial Reporting Council of Nigeria (FRCN) accusing him of financial recklessness.

Not satisfied with his suspension, Sanusi had through his counsel, Kola Awodein (SAN), sued Jonathan and two others. At the resumed hearing of the suit yesterday, Ozekhome brought a preliminary objection challenging the jurisdiction of the court.

Awodein, however, prayed the court to take both the preliminary objection and the substantive suit together.

But counsel to the President, Dr. Fabian Ajudo (SAN), Chief Ozekhome and counsel to the Inspector-General of Police, Dr. Sunny Ajala, all objected to the prayer. They argued that the court has no jurisdiction to entertain the substantive suit.

The lawyers told the court that by hearing both applications, the court would have entered jurisdiction which the Constitution did not vest on it.

Government said that the subject matter of the suit is connected with labour, employment, and matters arising from the workplace, the conditions of service, and matters incidental thereto, or connected therewith, over which only the National Industrial Court has exclusive jurisdiction by virtue of Section 254C (1) of the Constitution of the Federal Republic of Nigeria, 1999, as amended.

Government argued that the claims of the plaintiff/respondent are caught by the exclusivity of the jurisdiction of the National Industrial Court conferred by Section 254C (1) (a) of the 1999 Constitution as amended, as same amount to claims over the suspension of the plaintiff/respondent from his workplace by the President. Consequently, the Federal High Court no longer has jurisdiction to entertain this matter. The counsel rather urged the court to hear the objection first.

Delivering a short ruling, Justice Kolawole held that the court will take both the objection and the substantive suit together. He held that it will be disservice to set down the plaintiff’s application in favour of the defendants’ position to hear the suit separately.

The judge stated that it is judicially expedient and in the interest of justice to hear both the objection and the substantive suit together. He, however, gave the parties 10 days to exchange their processes. He later adjourned till April 8 for hearing of both applications.

Speaking after the court session, Ozekhome said that he had applied for the ruling as it will be challenged at the Appeal Court.

Justice Kolawole had on February 26 refused an ex-parte motion filed by Sanusi seeking to set aside his suspension by President Jonathan. The court instead ordered that the President should be put on notice, and adjourned for both sides (Sanusi and Jonathan) to argue the motion.

In the motion he filed on February 24, the apex bank chief asked the court to reinstate him, and also make an order of interlocutory injunction restraining the President, the Attorney-General of the Federation and the Inspector-General of Police from stopping or preventing him from performing the functions of the CBN governor and enjoying in full, the statutory powers and privileges attached to the office.

The matter has been adjourned to April 8, 2014.

•Pieced together from reports in Daily Independent and Daily Sun. Pictorial illustration courtesy Daily Independent.

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