A Federal High Court sitting in Enugu has ordered the transfer of the matter on the leadership tussle in the state All Progressives Congress, APC to the State High Court for hearing and determination.
In its ruling Friday the Court declined jurisdictionon the ground that the Federal High Court lacked jurisdiction to entertain the suit as no federal agency was joined as defendant in the matter.
Justice A.M. Liman, the presiding judge, agreed with the counsels to the defendants that the service on the first and second defendants- APC and John Oyegun-who are based outside Enugu state, did not comply with the sheriffs and civil processes Act, Section 97 and 98.
Liman said the fact that the service was made without endorsement as stipulated in the Act, renders the entire suit null and void.
Chairman of one of the two APC factions in the State Mr. Okey Ogbodo and two others had filed the suit, urging the court to declare them the duly elected leadership of the party in the state.
Both Ogbodo and Dr Ben Nwoye were elected State chairman of the party in separate congresses held recently in Enugu.
The defendants in the suit included All Progressives Congress, John Oyegun, the then national chairman and Dr Ben Nwoye.
In their depositions before the court, Ogbodo and his group claimed that they were the persons duly elected as the executive of APC at the state congress held on May 19 inside the Indoor Sports Hall of Nnamdi Azikiwe Stadium Enugu as approved by the national secretariat.
