… As INEC Back Tukur Faction Of PDP
SAN FRANCISCO, October 10, (THEWILL) – The lawsuit filed by the Abubakar Baraje led faction of the Peoples Democratic Party seeking to sack the Bamaja Tukur led executive of the party from office suffered a setback on Thursday when a Lagos High Court in Ikeja dismissed their case citing lack of jurisdiction.
Justice Oludotun Adefope-Okojie said the Lagos court had no power to assume jurisdiction over a matter which originated outside its territory.
Before the presiding judge ruled in the matter, Mr. Joe Kyari Gadzama and Mr. Emeka Etiaba, both counsel to the Tukur faction, argued that the case be thrown out as the court lacked jurisdiction to hear the suit.
They further argued that the writs of summons did not comply with the mandatory requirements of Section 97 of the Sheriff and Civil Process Act since they were not endorsed.
However, counsel representing the Baraje faction, Mr. Robert Emukpaeruo, argued that the court had jurisdiction.
The judge observed that the claimants averred in their affidavit that the PDP had its registered office in Abuja and that none of the defendants was resident in Lagos State.
Justice Adefope-Okojie said the applicants averred that the course of action, which was the special convention of the PDP, took place in Abuja, pointing out that the doctrine of enforcement of judgments was not relevant to the suit.
“I hold that since the defendants are 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, the judge said.
Meanwhile in a related matter, the Independent National Electoral Commission (INEC) Thursday declined the request by the Baraje faction to recognize it as the authentic leadership of the PDP.
A letter from INEC addressed to the National Secretary of the faction, Prince Olagunsoye Oyinlola, who had earlier written the commission, said it would not withdraw the recognition it accorded the Bamanga Tukur executive since it monitored their election.
“The commission acknowledges the receipt of your letters dated 1st and 23rd September respectively wherein you requested the commission’s recognition of the Baraje-led faction and newly-elected NWC.
“You will recall that the commission monitored the National Convention and Special National Convention of the PDP held on the 24th of March 2012 and 31st of August 2013 at the Eagle Square, Abuja, after notices to the commission.
“A NWC was elected at the two conventions with Alhaji Bamanga Tukur as the National Chairman. The commission will not withdraw recognition from the leadership of the PDP elected at the conventions duly monitored by the commission.
“Be guided accordingly,” the letter with reference No. INEC/LEG/PDP/19/111/245, signed by the Acting Secretary of INEC, Mr. U. F. Usman, said.
New PDP Vows To Press On Challenge, Says No Cause For Alarm Over Court Ruling
The statement by the Baraje faction reacting to the ruling of the Lagos court reads, “The Alhaji Abubakar Kawu Baraje-led faction of the Peoples Democratic Party (PDP) has noted the ruling by a Lagos High Court presided over by Justice Oludotun Adefope-Okojie, who today threw out the suit we instituted against the illegal party regime of Alhaji Bamanga Tukur and his National Working Committee (NWC).
“We wish to assure our teeming members and Nigerians in general that there is no cause to worry. This is 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.
“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.
“With today’s court ruling, we are now very determined to restore PDP to the path of honour particularly now that we have lost our 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.
“Long live PDP!
“Long live Nigeria!!!
“Chief Eze Chukwuemeka Eze, National Publicity Secretary, PDP.”
** * This report was written with additional contents courtesy of The Nation Newspaper.
