The lawmakers are seeking to stop the House of Representative from declaring their seats vacant.
A Federal High Court in Abuja on Wednesday adjourned ruling to February 5 in a suit filed by 37 lawmakers who defected to the APC, seeking to stop the declaration of their seats vacant.
Justice Ahmed Mohammed fixed the date after counsel to the lawmakers, Mahmoud Magaji, informed the court that he had yet to duly serve Speaker Aminu Tambuwal.
The lawmakers had asked for an interlocutory injunction seeking to stop Mr. Tambuwal, the Peoples Democratic Party, PDP, and the Independent National Electoral Commission, INEC, from declaring their seats vacant following their defection to the APC.
Mr. Magaji had prayed the court to grant an order for all parties in the suit to maintain the status quo pending the determination of the substantive suit.
Counsel to the defendants, Joe Gadzama, also told the court that they were unable to serve hearing notice on the Speaker to enable the court go on with its proceedings.
Justice Mohammed then ordered that a court bailiff should effect the service within three days. He adjourned the case to February 5 for ruling.
At the last adjourned date, Justice Mohammed had reserved ruling in the matter for January 29 because the originating summons, filed by the plaintiffs’ counsel, was not ripe for hearing.
He had told parties that he would only hear the preliminary objection subject to whether the said originating summons would be ripe for hearing by the adjourned date.
Joined in the suit as defendants are the PDP National Chairman, Senate President, Speaker of the House of Representatives, People’s Democratic Party, and INEC.
Mr. Gadzama had challenged the court’s jurisdiction in entertaining the matter by way of a preliminary objection.
He had argued that the plaintiffs lacked the requisite legal standing to institute the suit, which, he said, was wrongly commenced by way of an originating summons, instead of a writ of summons.