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Factional PDP suffers court blow

10 October 2013, 15:06

Lagos - Lagos State High Court sitting in Ikeja has dismissed the suit filed by the Abubakar Baraje’s faction of the Peoples Democratic Party (PDP) against the mainstream faction’s National Chairman, Bamanga Tukur.

The court ruled that the suit filed by Baraje, Dr Sam Jaja and Olagunsoye Oyinlola on September 1 was not within its jurisdiction.

Justice Oludotun Adefope-Okojie ruled the Lagos State High Court had no power to assume jurisdiction over a matter which originated outside its territory.

The breakaway PDP faction had dragged Tukur and his co-defendants to court seeking an interlocutory injunction restraining them from parading themselves as PDP National Executive Committee members.

The other defendants were Uche Secondus, the Deputy National Chairman, Dr Kema Chikwe, who is Women Leader and Olisa Metuh, National Publicity Secretary.

Counsel to the defendants, Joe Kyari-Gadzama (SAN) and Emeka Etiaba, had in their preliminary notice of objection, asked the court to strike out the suit for want of jurisdiction.

The lawyers had argued that the writs of summons did not comply with the mandatory requirements of Section 97 of the Sheriff and Civil Process Act because they were not endorsed.

Robert Emukpaeruo, the claimant's counsel, had argued that the court had jurisdiction to entertain the suit contrary to the objections being raised by the defendants.

In her ruling, Justice Adefope-Okojie noted that the applicants had maintained in their affidavit that the course of action, which was the special convention of the PDP, arose in Abuja.

The judge said they had also stated that the PDP had its registered office in Abuja and that none of the defendants were resident in Lagos State.

According to her, the doctrine of enforcement of judgments was not relevant to the suit before the court.

“I hold that with the defendants not resident in Lagos and the subject matter originating in Abuja, the High Court of Lagos State has no power to assume jurisdiction over this suit. I accordingly make an order striking out the suit," Adefope Okojie ruled.

– CAJ News


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