An Abuja High Court has ordered the breakaway faction of the Peoples Democratic Party (PDP) chaired by Alhaji Abubakar Kawu Baraje to stop parading itself as a parallel faction of the party.
Consequently, the court recognised the National Working Committee (NWC) of the party chaired by Alhaji Bamanga Tukur as the legitimate leadership of the party.
Justice Evoh Chukwu restrained the Independent National Electoral Commission (INEC) and its officials from recognising Baraje, Jaja and Oyinlola as national officers of PDP, either new or old.
He restrained the three, former Vice President Atiku Atiku and their aides or employees from interfering and continued interference with the duties and functions of Alhaji Bamanga Tukur and other officers of the PDP. He also restrained Baraje, Jaja, Oyinlola and Atiku from opening or operating parallel national, states, local and ward secretariats of the PDP.
The breakaway faction lost a similar case last week, when Justice Adefope Okojie of the Lagos High Court dismissed its suit against Bamanga Tukur’s faction, citing the court’s lack of jurisdiction to entertain the matter since it originated in Abuja, which is outside its territorial jurisdiction.
Filed on 1st September 2013, the Baraje faction, in the suit, requested the court to restrain Tukur, Uche Secondus, Kema Chikwe, and Olisa Metuh from parading themselves as Chairman, Deputy National Chairman, Woman Leader, and National Publicity Secretary of the party, respectively.
The decision of the Lagos court followed the preliminary objection filed by counsels to Tukur, Joe Kyari-Gadzama and Emeka Etiaba. Both Counsels 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.
However, counsel to Baraje and two other officials of his faction, Robert Emukpaeruo, in his reply to the objection, argued that the court had jurisdiction to entertain the suit.
Justice Okojie, however, stated in her ruling that even Baraje and his group had claimed in their affidavit that the course of action, which was the special national convention of the PDP, arose in Abuja. The judge said the PDP had its registered office in Abuja and that none of the defendants was resident in Lagos State.
Similarly, the Independent National Electoral Commission (INEC) on 2nd October 2013 rejected the request of Baraje’s faction for recognition of its National Working Committee (NWC) as the party’s authentic hierarchy.
In a letter to the factional National Secretary, Olagunsoye Oyinlola, the Commission stated that it would not withdraw recognition of the NWC, led by Bamanga Tukur, as the authentic leadership of the PDP because it monitored the conventions that produced it.
The case that was dismissed on Friday was instituted by Tukur and other members of his NWC — who were elected at the 31st August 2013 Special National Convention of the party — to restrain Baraje, Sam Jaja and Olagunsoye Oyinlola as legitimate Chairman, Deputy National Chairman, and National Secretary of the party.
