A Lagos State High Court sitting in Ikeja on Thursday dismissed a suit brought by the faction of the Peoples Democratic Party (PDP) chaired by Alhaji Abubakar Baraje seeking an interlocutory injunction against the Bamanga Tukur-led faction.
The court declared that it lacked judicial powers to assume jurisdiction over a matter that originated outside its territory.
Presided over by Justice Oludotun Adefope-Okojie, the court stressed that the applicants had affirmed in their affidavit that the contentious special convention of the PDP happened in Abuja and not Lagos. She also noted that the PDP’s registered office is in Abuja and that none of the defendants to the suit was resident in Lagos State.
“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,” she said.
The suit was filed by Kawu Baraje alongside Sam Jaja and Olagunsoye Oyinlola on September 1, after their faction broke away from the Tukur-led faction. In it, they urged the court to grant an injunction restraining Tukur and three others from parading themselves as members of the national executive of the party.
Joined as defendants in the suit were Deputy National Chairman of the PDP, Mr. Uche Secondus; Women Leader of the party, Dr. Kema Chikwe; and National Publicity Secretary, Mr Olisa Metuh.
In a preliminary motion of objection, counsels to the defendants, Mr. Joe Kyari-Gadzama (SAN) and Mr. Emeka Etiaba had challenged the suit, citing the court’s lack of jurisdiction and arguing that the writs of summons did not comply with a mandatory requirement of Section 97 of the Sheriff and Civil Process Act, stating that they were not endorsed.
Counsel to Baraje and his colleagues, Robert Emukpaeruo tried fruitlessly to convince the court, consequently resulting in the dismissal of the suit.
However, responding after the judgement, the breakaway faction of the party said it noted the ruling of the court throwing out the suit instituted against the “illegal party regime of Alhaji Bamanga Tukur and his National Working Committee (NWC).”
It assured its teeming members and Nigerians in general that there is no cause to worry, because the ruling has nothing to do with the merit of the case but the place of filing.
“As advised by His Lordship, we shall hasten to re-file the suit, this time in Abuja, as we are convinced about the merit of our case. Our determination to sack the usurper, Alhaji Tukur, and rescue our great party from his misrule has never been stronger,” the faction stated in a release signed by its National Publicity Secretary, Chief Eze Chukwuemeka Eze.
“Finally, we urge all our supporters and members not to despair or exercise any atom of fear and should continue to support the leadership of our great party under the able leadership of Alh. Abubakar kawu Baraje as we are getting closer to freeing our party from the enclave of undemocratic elements currently holding us to ransom and doing everything within their powers to ruin all that our founding fathers struggled to build.”
That statement added that with today’s court ruling, the faction is now more determined to restore PDP to the path of honour, particularly now that it has lost its great first National Chairman, Dr. Solomon Lar to the cold hands of death.
“Let us reiterate that nothing and we repeat nothing will stop us from implementing the visions of both Dr Solomon Lar and all the founding fathers of our great party to the letter and keeping all undemocratic elements at bar from leadership of our great party,” it assured.
