18th September, 2013
Henry Ojelu&
Doyin Olaiya
The Alhaji Bamanga Tukur led Peoples Democratic Party, PDP has challenged the jurisdiction of the Lagos High Court to hear the suit instituted by Alhaji Kawu Baraje led faction.
Tukur’s PDP is asking the court presided by Justice Oludotun Adefope -Okojie to strike out filed by Alhaji Baraje for lack of jurisdiction.
The breakaway faction of the party had in the suit urged the court to stop Alhaji Bamanga Tukur and other officials of the party from parading themselves as national officers of the party pending the determination of the case.
Baraje, Dr. Sam Sam Jaja, Prince Olagunsoye Oyinlola and the PDP as plaintiffs had in a motion on notice brought pursuant to order 39 of the Lagos High Court asked the court to restrain the defendants from parading themselves as the members of the National Executive of the People’s Democratic Party.
Apart from Tukur, other defendants named in the suit include, the Deputy Chairman; Prince Uche Secondus, the Woman Leader, Mrs. Kema Chikwe, and the Publicity Secretary. Olisah Metuh.
But leading other lawyers, Chief Joe-Kyari Gadzama, questioned the jurisdiction of the court to entertain the three week old suit, saying it was a bad case that should not had been in the court first place.
In a notice of preliminary objection brought pursuant to Order 2 3ule 4 of the Lagos High Court Civil procedure Rule 2012, Gadzama argued that the suit is not competent because the cause of action which is the purported removal of the defendants and election of the plaintiffs arose in Abuja and not in Lagos.
He also argued that not only was the writs not signed but that the subject matter of the suit is the Peoples Democratic Party (PDP), which has its registered office in Abuja and not Lagos and that none of the defendants is resident in Lagos state.
Gadzama further stated that the writs of summons which is meant for service outside Lagos state in various states has not complied with the mandatory requirements of section 97 of the Sheriff and Civil Process Act that, which stipulated that court order should be obtained for service outside jurisdiction.
Gadzama submitted in the motion dated September 6, 2013 and supported by a written address, that it is quite elementary that every court is a creation of law and thus a court of law has its jurisdiction limited and circumscribed by the constitution of the Federal Republic of Nigeria as amended especially at Sections 6(6)(b), 270(1).
He also submitted that by virtue of Order 2 Rule 4 of the Lagos High Court, Civil Procedure Rules 2004, all other suits, apart from land and property, penalties and forefeitures, and contracts may be commenced and determined in the judicial division in which the defendant resides or carries out business.
In urging the court to decline jurisdiction and strike out the suit for being a bad case, Gadzama, who cited plethora of authorities to support his case submitted that the general position of the law on territorial jurisdiction of a court is that a court’s jurisdiction is confined to matters that arose within it, or where the defendants reside or carry out business.
Also, Emeka Etiaba, counsel to Secondus, Kema Chikwe, and Metuh adopted arguments canvassed by Gadzama after withdrawing his own objection to save the time of the court.
But the plaintiff’s counsel,Mr Robert Emukpoeruo in his response urged for more time to respond to the objection as according to him, he had responded to an earlier objection filed by Ajibola Oluyede, who was handling the matter before.
Consequent upon his request, Justice Adefope -Okojie adjourn till September 25, 2013 to allow the plaintiff to file and serve his response to the objections.