A Federal High Court in Abuja yesterday fixed February 6 for hearing on the suit filed by the Peoples Democratic Party (PDP) against five governors who defected to the All Progressives Congress (APC).

The PDP in the suit brought by Alex Izinyon (SAN) is seeking order of court to declare the governors' seats vacant on the grounds that they have forfeited their offices which, as a result, have reverted back to the party.

The governors are: Rotimi Amaechi (Rivers); Murtala Nyako (Adamawa); Aliyu Wamakko (Sokoto); Rabiu Kwankwaso (Kano); and Abdulfatai Ahmed (Kwara).

Following the non-appearance of the governors and the Independent National Electoral Commission (INEC) at the resumed hearing, Izinyon told the court that all the parties have been served with the court processes.

He prayed the court to grant a definite date for hearing of the substantive matter, adding "my lord this is a constitutional matter."

Consequently, Justice Gabriel Kolawole ordered that hearing notices be served on the parties by substituted means, specifically for the governors, by placing the notice on the APC secretariat in Wuse, Abuja and in two national newspapers. The PDP averred that the defections are illegal under the provisions of section sections 177 (c), 221 and 222 (c) of the 1999 Constitution and section 87 of the Electoral Act (2011).