TheCable

A high court sitting in Makurdi, Benue state capital, has affirmed the suspension and removal of Iyorchia Ayu as the national chairman of the Peoples Democratic Party (PDP).

Maurice Ikpambese, the presiding judge, also nullified Ayu’s membership in the party.

BACKGROUND

In March, the executive members of Igyorov ward, Gboko LGA of Benue, passed a vote of no confidence on Ayu over alleged anti-party activities.

The LGA party executives also claimed that Ayu worked against the success of the PDP in his ward during the elections.

They alleged that he was not paying his membership fees and did not vote in the March 18 governorship and the house of assembly elections in the state.

Subsequently, one Terhide Utaan, through his lawyer, Emmanuel Ukala, a senior advocate of Nigeria (SAN), filed an ex parte motion marked MHC/633/2023 at the same high court and asked the court to restrain Ayu from parading himself as the national chairman of the party, having been suspended.

But Ayu through J.J Usman, his counsel, filed a preliminary objection to the suit.

Ayu said the court lacked the jurisdiction to hear and determine and that the plaintiff did not have the right to file the suit because he did not exhaust the internal dispute resolution mechanism of the party.

THE JUDGEMENT

Delivering judgement on Friday, Ikpambese, who is Benue’s chief judge, dismissed Ayu’s objections to the suit.

Ikpambese said by virtue of article 8(9) of the PDP’s constitution, Ayu ceased to be a member of the PDP due to his failure to pay his membership fees.

The judge said article 46(1) of the PDP empowers the ward to discipline a member of the party’s national executive committee (NEC).

Ayu had also argued that the ward lacked the power to suspend a member of the NEC.

Ikpambese said Ayu failed to prove that he paid his statutory membership fee asking him and did not also challenge his suspension before any organ of the party or before any court.

The judge said Ayu left the court with the impression that he has consented to his suspension by his ward executive committee.

“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,” the judge ruled.