Court declines jurisdiction on Action Alliance leadership suit
Court declines jurisdiction on Action Alliance leadership suit
Abuja division of the Federal High Court on Thursday struck out the suit on the leadership of the Action Alliance (AA).
The Court presided over by Justice Obiora Egwuatu held that the suit filed by nine members of the party including Hon Awofala Awolola Awoniyi which bothers on the leadership of the party lacks merit.
In his judgment, Justice Egwuatu said the court lacks the jurisdiction to hear the suit as similar case is before other higher courts.
Citing different authorities to buttress his verdict , Justice Egwuatu held that the proceeding where the court has no jurisdiction is null and void.
A copy of the Certified True Copy of the judgment obtained by our correspondent reads in part "having arrived at the decision that this court has no jurisdiction to entertain this suit, on the ground that the suit revolves around the internal affairs of the party which is not justiciable amongst other grounds, the only option left for this court is to strike out this suit as enjoined by the superior court.
"The law is settled that where a court lacks the jurisdiction to entertain a particular suit or matter, it lacks power to exercise any power on such matter or suit.
"The first defendant is not permitted to speculate on the plaintiff's claims when the claims before the court are succinct. The court is also not allowed to speculate or hazard a guess as to the intention of the plaintiff.
"It is not correct as espoused and argued by the first defendant that the reliefs sought in this suit are in favour of none party or for the benefit of one Adekunle Rufai Omoaje," he submitted.
Omoaje, going by the court proceedings is not part of the suit as his name is not on the plaintiff's list or the defendants list.
Comments
Post a Comment