A Port Harcourt High court has struck out Suit No. PHC/2318/CS/2023 between Dr. Tari Alaye Theophilus & 10 Ors. vs. Sir Jonathan Lokpobiri & 10 Ors.
Dr. Tari Alaye Theophilus amongst other reliefs sought the court to declare him and and 10 others as the legitimate Executive Council of the Ijaw Youth Council (IYC) whilst restraining the Jonathan Lokpobiri led Excos.
Ebilade Obiri, Esq. who is Counsel for Jonathan Lokpobiri & 10 Ors., the Defendants in the said suit filed a preliminary objection challenging the jurisdiction of the court to entertain same citing the fact that the cause of action arose from Bayelsa State, a place outside the territorial jurisdiction of the High Court of Rivers State.
Ebilade Obiri further argued that the Claimants Statement of Claim did not disclose any where election was conducted but the Defendants attached sufficient exhibits to show that the IYC election was conducted at the Gabriel Okara Centre, Yenagoa, Bayelsa State, outside the territorial jurisdiction of the court.
Ebilade Obiri, Esq. in a further affidavit drew the court’s attention to Exhibits showing that none of all the four officers from Eastern Zone resides in Rivers State.
The Court in a well considered ruling striking out the suit, agreed with Ebilade Obiri, Esq., Counsel to the Defendants and held in part that the Statement of Claim of the Claimants did not disclose any venue where they conducted their supposed election and agree that the IYC election was conducted in Bayelsa State, a place outside the territorial jurisdiction of the court.
There was no order as to cost.