By Ken Chiwendu
A High Court in Makurdi on Friday affirmed the suspension and removal of Dr Iyorchia Ayu as National Chairman of the Peoples Democratic Party, (PDP).
The Chief Judge of the State , Justice Maurice Ikpambese who delivered the judgement held that Dr. Iyorchia Ayu can no longer hold office as the national chairman of the PDP having lost membership of the party in his Igyorov Council Ward of Gboko Local Government Area of Benue state.
Trouble began when a member of the PDP in the state, Engr. Conrad Terhide Utaan dragged Dr. Ayu to court after his Ward executive committee suspended him after passing a vote of no confidence on him.
Utaan In suit No: MHC/85/2023, sought 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.
The plaintiff also prayed the court to declare that Ayu cannot 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 executive committee of the party in his Igyorov Council Ward of Gboko Local Government where he registered as a member of the party.
He further sought an order restraining Ayu from parading himself as the national chairman of the PDP .
On his part,Dr. Ayu through his counsel J.J Usman, SAN, filed preliminary objections to the suit bothering on the jurisdiction of the court to entertain the suit, saying it was an internal affair of a political party.
Ayu also challenged the locus standi of the plaintiff, Engr. Utaan to institute the action, adding that the plaintiff had not exhausted the internal dispute resolution mechanism of the party amongst other objections.
But. Utaan through his counsel, Emmanuel Ukala, SAN, argued against the preliminary objections and urged the court to discountenance the preliminary objections and grant the reliefs sought by the plaintiff.
Justice Ikpambese, resolved all the issues raised in the preliminary objections in favour of the plaintiff and accordingly dismissed same.
The judge held that “By virtue of Article 8(9)of the constitution of the PDP, Dr. Ayu ceased to be a member of the Peoples Democratic Party, PDP, with his failure to pay his subscription and membership fee.
He said Ayu’s membership of the PDP ended with his failure to pay his membership subscription fee.
On the claim that the ward executive committee of the party cannot discipline a member of the National Executive Committee, NEC, Justice Ikpambese held that, going by the provisions of Article 46(1)of the PDP Constitution, the ward executive of the PDP have the powers to discipline a member of the NEC of the party.
The Judge pointed out that Ayu did not show proof that he has paid his membership subscription fee, neither did he challenge his suspension before any organ of the party or before any court, thereby leaving the court with the impression that he has consented to his suspension by his ward executive committee.
He said Ayu had lost his membership of the party even before he was suspended by his ward executive committee.
Justice Ikpambese, accordingly, resolved all the issues in favour of the plaintiff.
“The plaintiff has proven his case, all the questions for determination have been resolved in favour of the plaintiff, he is entitled to all the reliefs sought. I so order”
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