A High Court sitting in Ikeja, Lagos and presided by Justice Adefope-Okojie, on Thursday struck out a suit filed by the Kawu Baraje led faction of the Peoples Democratic Party (PDP) against the Bamanga Tukur led leadership of the party.
The presiding judge in her ruling on the preliminary objections filed by the respondents stated that the Lagos State High Court had no power to assume jurisdiction over a matter which originated outside its territory.
The Baraje faction had filed the suit on September 1, praying the court to restrain Tukur and three other officials of the party from parading themselves as national officers of the party.
Apart from Tukur, the suit filed by Baraje, Dr Sam Jaja and Prince Olagunsoye Oyinlola also had the Deputy National Chairman, Mr Uche Secondus, Women Leader, Dr. Kema Chikwe and National Publicity Secretary, Mr Olisa Metuh as respondents.
But the Tukur’s faction had through their counsel, Mr Joe Kyari-Gadzama (SAN) and Mr Emeka Etiaba, filed a preliminary objection, urging the court to strike out the suit for want of jurisdiction.
They 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.
In her ruling, Adefope-Okojie said the applicants had averred in their affidavit that the course of action, which was the special convention of the PDP, arose in Abuja.
The judge said they had also averred that the PDP had its registered office in Abuja and that none of the defendants was resident in Lagos State.
She said the doctrine of enforcement of judgments was not relevant to the suit before the 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,” Adefope Okojie said.