Attah Ede, Makurdi
A Benue State High Court sitting in Makurdi, on Monday adjourned the suit seeking to remove the embattled national Chairman of the Peoples Democratic Party, PDP, Dr. Iyorchia Ayu, to April 28, 2023.
Ayu was suspended by the PDP executives of his Igyorov ward of Gboko Local Government Area of Benue State, after they passed a vote of no confidence him.
Justice W.I Kpochi had on March 27th, 2023, issued an interim order restraining Dr. Ayu from parading self as the National Chairman of the PDP, pending the hearing and determination of Suit No.MHC/85/2023, filed by a member of the PDP, Engr. Conrad Terhide Utaan, seeking to remove him as National Chairman of the party following his suspension by his ward executive.
When the case came up for hearing, counsel to Dr. Ayu, J.J Usman SAN, informed the court that he was withdrawing Ayu’s preliminary objection and counter affidavit to the suit, filed on April 3rd, 2023.
Lead counsel to Engr. Utaan, Emmanuel Ukala, SAN, did not oppose the application for the withdrawal of the two processes, but however asked the court to award cost against Ayu as the plaintiff came prepared for hearing of the substantive suit.
Ukala, SAN, further informed the court that the defendants served him fresh processes while in court and he will have to respond to the processes served on him.
He also submitted that counsels in the matter have agreed that the preliminary objection and counter affidavit as well as the substantive suit be heard together on April 28th, 2023.
Ayu’s counsel, J.J Usman, SAN, affirmed the submission of Ukala, SAN.
After listening to the submissions of both counsels in the matter, the presiding judge, Justice Kpochi adjourned the matter to April 28,2023 for hearing of the substantive suit.
He also informed parties in the matter that he will be returning the case file to the Chief Judge of Benue State to reassign to another judge as he is embarking on a national assignment at the elections petitions tribunal.
In suit No. MHC/85/2023, filed by Engr. Utaan, he seeks among other reliefs a declaration that, Dr. Ayu is no longer fit and qualified to hold office as the national chairman of the PDP, having lost membership of the party in his Igyorov Council Ward of Gboko, where he first registered as a member of the party.
It also seeks a declaration that Ayu cannot hold himself out, function and preside over the affairs of the PDP as its national chairman having seized to enjoy all the rights and privileges of membership by virtue of his suspension by the ward executive committee of the party in his Igyorov Council Ward of Gboko Local Government where he used to be a member of the party.
It further seeks an order restraining Ayu from parading himself as the national chairman of the PDP having lost membership of the party, amongst other reliefs.
