Ayu Knows Fate April 28, as Judge withdraws from suit
A Makurdi High Court presided over by Justice Wilfred Kpochi Monday adjourned the suit seeking to remove the embattled National Chairman of the Peoples Democratic Party, PDP, Dr. Iyorchia Ayu, to April 28, 2023.
Recall that Dr. Ayu was suspended by the PDP ward executive of his Igyorov ward of Gboko Local Government Area, LGA, of Benue State, after passing a vote of no confidence on him.
A PDP stalwart, Mr. Conrad Utaan, approached the court in suit No. MHC/85/2023, seeking 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.
“A declaration that Dr. Ayu could not hold himself out, function and preside over the affairs of the PDP as its National Chairman having ceased 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 LGA where he used to be a member of the party.”
Justice Kpochi had on March 27, 2023 issued an interim order restraining Dr Ayu from parading himself as the National Chairman of the PDP, pending the hearing and determination of the suit
When the matter came up, counsel to Dr Ayu, Mr Johnson Usman informed the court that he was withdrawing his preliminary objection and counter affidavit to the suit, filed on April 3rd, 2023.
Lead counsel to Mr Utaan, Emmanuel Ukala, did not oppose the application for the withdrawal of the two processes, he however asked the court to award cost against Ayu as the plaintiff came prepared for the hearing of the substantive suit.
Mr Ukala further informed the court that the defendants served him fresh processes while he was in court and that he would have to respond to the processes served on him.
He also submitted that counsels in the matter had agreed that the preliminary objection and counter affidavit as well as the substantive suit be heard together on April 28th, 2023.
Dr. Ayu’s counsel affirmed the submission of Mr. Ukala.
After listening to the submissions of counsels, Justice Kpochi adjourned the matter to April 28,2023 for hearing of the substantive suit.
He also informed parties in the matter that he would be returning the case file to the Chief Judge of Benue State to reassign to another judge as he was embarking on a national assignment at the elections petitions tribunal.
