Jurisdiction: Court dismisses PDP faction’s suit against Tukur, others

An Ikeja, Lagos State High Court on Thursday dismissed the Alhaji Kawu Baraje-led faction of the Peoples Democratic Party suit against the Alhaji Bamanga Tukur faction for want of jurisdiction.
The Judge, Justice Oludotun Adefope-Okojie, held that the Lagos State High Court had no power to assume jurisdiction over a matter, which originated outside its territory.
Adefope-Okojie said the applicants had averred in their affidavit that the cause of action was the Special National Convention of the PDP held on August 30 in Abuja.
She said they also averred that the PDP had its registered office in Abuja and that none of the defendants was resident in Lagos State.
The judge held that the argument by the applicants’ counsel that the court could effect its judgment against the defendants was not relevant at this stage.
She said: “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.”
It will be recalled that Baraje, Dr. Sam Jaja and Prince Olagunsoye Oyinlola filed the suit on September 1.
They urged the court to restrain Tukur, Uche Secondus, Deputy National Chairman; Kema Chikwe, Woman Leader; and Olisa Metuh, National Publicity Secretary, from parading themselves as PDP National Executive Committee members.
The Counsel to the defendants, Joe Kyari-Gadzama (SAN) and Emeka Etiaba, had on September 18 asked the court to strike out the suit for want of jurisdiction.
They argued that the writs of summons was not endorsed and did not comply with the mandatory requirements of Section 97 of the Sheriff and Civil Process Act.
However, the applicants’ Counsel, Robert Emukpaeruo, had urged the court to dismiss the defendant’s preliminary objection and assume jurisdiction.