The Alhaji Abubakar kawu Baraje-led “New PDP” has suffered a set bck in its quest to have Alhaji Bamanga Tukur removed as the chairman of the Peoples Democratic Party (PDP).
This came to the fore when the Independent National Electoral Commission (INEC) insisted that it will continue to recognise the status already accorded to the National Working Committee of the Tukur-led PDP.
At the same time time, the Lagos state High Court presided over by Justice Oludotun Adefope-Okojie, also ruled that it lacked the jurisdiction to stop Tukur from being the authentic chairman of the ruling PDP.
the New PDP under the leadership of Baraje (chairman), Olagunsoye Oyinlola (National Secretary) and Dr. Sam Jaja (National Deputy Chairman) had told the court in the suit filed on September 1, 2013 that they were supposed to be given recognition as the authentic members of the National Executive Committee of the PDP elected on August 30, 2013 at a parallel congress.
They had requested that the court should restrain Tukur and other NWC members from further parading themselves as the officials of the PDP.
However, Justice Adefope-Okojie noted during the ruling on the preliminary objection by the “New PDP”, the respondents that the dispute leading to the action, were the outcome of the party’s the special conventions of the PDP in Abuja.
The court 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.
Hence, Justice Adefope-Okojie insisted that the “doctrine of enforcement of judgment is not relevant to the suit before it”.
“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”, she further said.
Counsel for Tukur and others (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.
But the counsel for the new PDP, Mr. Robert Emukpaeruo, insisted that the court had jurisdiction to entertain the suit filed by his client.
In a reaction to the ruling, the New PDP noted that its faction will ensure that re-file the suit immediately in Abuja since the ruling had nothing to do with the merit of the case but the place of its filing.
“As advised by Her 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, Tukur, and rescue our great party from his misrule has never been stronger”, the National Publicity Secretary, Chief Chukwuemeka Eze said in a statement.
Besides, a letter which was transmitted to the New PDP dated October 2 and signed by INEC Acting Secretary, U.S .Usman acknowledged the election of Tukur and other NWC members during the two conventions said to have been monitored by INEC officials.
The letter which was a reply to a previous letter by the Baraje-led New PDP insisted that the commission will not withdraw recognition from the leadership of the Tukur-PDP elected during the special conventions duly monitored by it officials.
The commission stated in the letter thus:
“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.
“An 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”, INEC warned.