PDP Crisis: Lagos Court Dismisses Suit Against Bamanga Tukur
A Lagos State High Court sitting in Ikeja has dismissed a suit brought by Kawu Baraje-led faction of the Peoples Democratic Party (PDP), which sought an interlocutory injunction against the Bamanga Tukur led faction.
INEC insists that it would not withdraw the recognition already given the Tukur – led PDP (the National Working Committee) stating that the Lagos High Court in Ikeja said 
it lacked the jurisdiction to entertain a suit in which the New PDP sought an order stopping Tukur from being seen as the original chairman of the ruling party (PDP).
INEC which addressed a letter to Olagunsoye Oyinlola the National Secretary of the New PDP stated that Tukur and other members of the National Working Committee of the PDP were duly elected during two conventions supervised by the party’s officials.
The letter states “Re: Notification of changes in the leadership of the PDP and request for formal recognition.
“The commission acknowledges the receipt of your letters dated September 1 and 23, 2013 respectively wherein you requested the commission’s recognition of the Baraje-led faction and the newly elected NWC”.
“You will recall that the commission monitored the national convention and special national convention of the PDP held on March 24, 2012 and August 31, 2013 respectively, at the Eagle Square, Abuja after notices to the commission”.
“A NWC was elected at the two conventions with Alhaji Tukur as the national chairman. The commission will not withdraw recognition from the leadership of the PDP elected at elections duly monitored by the commission. Please be guided.”
A Lagos High Court presided by Justice Oludotun Adefope-Okojie said that it could not preside over a matter that originated out of its jurisdiction .
Earlier, Baraje, Oyinlola, and the National Deputy Chairman of the New PDP, Dr. Sam Jaja, had asked the court to restrain Tukur and other NWC members from further parading themselves as officials of the PDP.
They said in the suit filed on September 1, 2013 that they were the authentic members of the National Executive Committee of the PDP elected on August 30, 2013 at a parallel congress.
Ruling on the preliminary objection by the respondents, Justice Adefope-Okojie noted that the applicants had averred in their affidavits that the course of action and the dispute leading to the action, was the special convention of the PDP in Abuja.
She added that the respondents confirmed that the PDP had its registered office in Abuja and that none of the defendants was resident in Lagos State.
Justice Adefope-Okojie dismissed the claimants’ argument that the court had jurisdiction over the matter .
But the judge said the doctrine of judgment enforcement was not relevant at the present stage as the court had no jurisdiction to hear the matter in the first place.
She said, “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.”
Counsel to the respondents, Mr. Joe Kyari-Gadzama (SAN), and Mr. Emeka Etiaba, had in their preliminary notice of objection, asked the court to strike out the suit for lack of jurisdiction.
The lawyers 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.
But the claimants’ counsel, Mr. Robert Emukpaeruo, insisted that the court had jurisdiction to entertain the suit.
In a press statement by the National Publicity Secretary, Chukwuemeka Eze, he stated that there is no cause to worry