Court adjourns suit seeking to remove PDP chair, Ayu

From Uche Nnorom, Makurdi

A Makurdi High Court 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.
Recall that Ayu was suspended by the PDP ward executive of his Igyorov ward of Gboko Local Government Area of Benue State, after passing a vote of no confidence on him.
It should be noted that in a twist of event, the State Executive Council, SEC of the PDP had also, suspended ward council executive of Igyorov for suspending Ayu.
Justice Kpochi had on March 28th, 2023, issued an order restraining Dr. Ayu from parading himself 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 Ayu as National Chairman of the party following his suspension by his ward executive.
When the matter was mentioned,, 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.
Counsel to Engr. Utaan, Emmanuel Ukala, SAN, did not oppose the application of the withdrawal of the two processes, he however, asked the court to award cost against Ayu as he came prepared to go on with the substantive suit.
Ukala, SAN, further informed the court that the defendants served on him fresh processes while he was in court and so, he will need time to respond to the processes.
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, agreed to the submission of Ukala, SAN.
After listening to the submissions of 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.