Attah Ede Makurdi
A Benue State High Court sitting in Makurdi, Friday fixed May 26,2023, to deliver judgment in the suit seeking the removal of Dr. Iyorchia Ayu as the National chairman of the Peoples Democratic Party, PDP.
The Chief Judge of Benue State, Justice Maurice Ikpambese, adjourned the suit for judgement after parties in suit adopted their processes in the matter.
A member of the PDP in Benue State, Engr. Conrad Terhide Utaan dragged Dr. Ayu to court after his Igyorov Ward executive committee suspended him after passing a vote of no confidence on him.
When the matter came up for hearing, counsel to Dr. Ayu, Yakubu Maikasuwa, SAN, raised preliminary objections, challenging the jurisdiction of the court to entertain the suit on the grounds that it is an internal affair of a political party.
He also submitted that the plaintiff failed to utilize the domestic dispute resolution mechanism of the party in resolving the crisis.
Maikasuwa, SAN, averred that no wrong was done to the plaintiff, and there is no benefit or utilitarian value to be derived by the plaintiff from the suit.
In his response to the Preliminary objections, counsel to Engr. Utaan, Emmanual Ukala, SAN, submitted that the matter is not an internal affair of a political party, saying there is a judicial precedence which has resolved the issue.
He cited the judgement of a Rivers State High Court in the case between five members of the PDP vs Uche Secondus, the position of the Court of Appeal in Oshiomhole vs Salihu in 2021 and the Supreme Court decision in Gana vs SDP in 2019.
He argued that when it comes to interpretation of the constitution of a political party, the court is entitled to exercise its jurisdiction
On the averment by Ayu’s consel that the domestic dispute resolution mechanism of the PDP was not utilized by the plaintiff, Ukala SAN, submitted that the complaint is against Ayu, and as at the time the suit was instituted, Ayu was a sitting national chairman of the PDP.
He submitted that Ayu cannot be a judge in his own matter as doing so wil be against the principle of fair hearing as contained in section 36 of the 1999 Constitution (as amended).
On the averment that the plaintiff lacks locus standi to bring the application, Ukala argued that it is the case put forward by a plaintiff that determines his locus standi, and a look at the originating summons shows that the plaintiff has locus standi in the instant suit.
Ukala, SAN, also told the court that the suit has utilitarian value and benefit to the plaintiff as he is a member of the party, and had show minterest in the national chairmanship when the national chairmanship of the PDP was zoned to Benue.
Ukala, SAN, urged the court to dismiss all the preliminary objections to the originating summons.
While adopting the originating summons, the accompanying written address, affidavit in support of the originating summons and exhibit, Ukala, SAN, averred that Ayu has not challenged his suspension by his ward executive in any court.
After listening to counsels in the matter, the Presiding judge, Justice Maurice Ikpambese adjourned the matter to May 26,2023, for judgement.
