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NEWS and REPORTS => Nigerian News => Topic started by: Shola Sholaz on Sep 18, 2013, 11:04 PM

Title: Tukur, Others Ask Court To Strike Out Baraje Faction’s Suit
Post by: Shola Sholaz on Sep 18, 2013, 11:04 PM
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.
Title: Re: Tukur, Others Ask Court To Strike Out Baraje Faction’s Suit
Post by: Folami David on Sep 20, 2013, 01:35 AM
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.