 |
| Baraje |
A Lagos State High
Court sitting in Ikeja has dismissed a suit brought by Kawu Baraje-led faction
of the PDP, which sought an interlocutory injunction against the Bamanga Tukur
led faction.
The suit, filed by
Kawu Baraje alongside Sam Jaja and Olagunsoye Oyinlola on 1st of Sept, prayed
the court to grant an injunction restraining the party's National Chairman,
Bamanga Tukur and three others from parading themselves as the National
executive members of the party.
Other defendants
joined in the suit were Deputy National Chairman of the PDP, Mr. Uche Secondus;
Women Leader of the party, Dr. Kema Chikwe and its 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 court's lack of
jurisdiction.
The lawyers argued
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.
Plaintiff's Counsel,
Mr. Robert Emukpaeruo did not succeed in opposing to the motion to thrash out
the suit.
Dismissing the suit,
Justice Oludotun Adefope-Okojie held that the Lagos State High Court lacked
judicial power to assume jurisdiction over a matter which originated outside
its territory.
She said the
applicants had affirmed in their affidavit that the contentious event, which
was the special convention of the PDP, happened in Abuja.
Justice Adefope-Okojie
also said that the PDP's registered office is in Abuja and that none of the
defendants was resident in Lagos State.
To her, the doctrine
of enforcement of judgments was not relevant to the suit before her 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," the judge ruled.
No comments:
Post a Comment