Court Dismisses New PDP Suit Against Tukur

A Nigerian High Court sitting in Ikeja, Lagos State this morning dismissed the suit filed by the Alhaji Kawu Baraje’s faction of the Peoples Democratic Party (PDP) against the National Chairman, Alhaji Bamanga Tukur and three others, for lack of jurisdiction..

The suit was filed by Baraje, Dr Sam Jaja and Prince Olagunsoye Oyinlola on September 1, 2013.

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

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

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

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.

Mr 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 averred 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 averred that the PDP had its registered office in Abuja and that none of the defendants was 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 said.