The National Chairman of the People's Democratic Party (PDP), Alhaji Bamanga Tukur, on Wednesday asked an Ikeja High Court to strike out a suit filed by a faction of the party.
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Tukur made the request in a preliminary notice of objection filed by his counsel, Mr Joe Kyari Gadzama (SAN), being heard by Justice Oludotun Adefowope- Okojie. Alhaji Kawu Baraje's faction of PDP had filed the suit on Sept.1.
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The other claimants in the suit are Dr Sam Jaja and former Osun Gov. Olagunsoye Oyinlola.
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The faction had sought an interlocutory injunction to restrain Tukur and three others from parading themselves as PDP National Executive Committee members.
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Joined in the suit as defendants are Mr Uche Secondus, Deputy National Chairman; Dr Kema Chikwe, Women Leader; and Mr Olisa Metuh, the National Publicity Secretary.
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Arguing the preliminary objection, Kyari Gadzama, urged the court to strike out the suit for want of jurisdiction.
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Kyari-Gadzama said:"I am asking the court to strike out the case because it lacks the territorial jurisdiction to entertain the suit.
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"The course of action which is the purported removal of the defendants and the election of thec claimants arose in Abuja and not in Lagos.
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"The subject matter of this suit is the PDP which has its registered office in Abuja and none of the defendants is resident in Lagos State.''
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He also 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 signed.
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"It is quite elementary that every court is a creation of law and thus a court of law has its jurisdiction limited and circumscribed by the constitution.
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"The general position of the law on territorial jurisdiction of a court is that a court's jurisdiction is confined to matters that arose within it, or where the defendants reside or carry out business,'' he told the court.
Well let's just wait and see what the court would do at the end of it all. The whole drama is getting more interesting to watch. Good one.