A State High Court sitting in Makurdi has finally sacked Senator Iyorchia Ayu as the chairman of the Peoples Democratic Party.
It will be recalled that the same court had restrained Senator Ayu from parading himself as national chairman of the Peoples Democratic Party.
The ruling of the court followed suit No: MHC/85/2023, brought before it by a member of PDP, Conrad Utaan.
Utaan, in the suit, had 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.
He also sought a declaration of the court that Ayu could no longer hold himself out, function, and preside over the affairs of the PDP as its national chairman, having seized 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 Local Government where he uses to be a member of the party.
The plaintiff further sought an order restraining Ayu from parading himself as the national chairman of the PDP, having lost membership of the party in his Igyorov Council Ward, amongst other reliefs.
However, Senator 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.
He also challenged the locus standi of the plaintiff, 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, had argued against the preliminary objections and urged the court to discountenance the preliminary objections and grant the reliefs sought by the plaintiff.
Delivering judgement on Friday, the Chief Judge of the State, Maurice Ikpambese, resolved all the issues in favour of the plaintiff
Justice Ikpambese, in his judgement, said that Ayu could no longer hold the office as the national chairman, having lost his membership of the party at his Igyorov council ward, Gboko local government area of the state.
Justice Ikpambese held that by virtue of Article 8(9)of the constitution of the PDP, Dr. Ayu seized to be a member of the Peoples Democratic Party, PDP, with his failure to pay his subscription and membership fees.
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, by the provisions of Article 46(1)of the PDP Constitution, the ward executive of the PDP has the power to discipline a member of the NEC of the party.
Justice Ikpambese stated that Ayu did not show proof that he had 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 had consented to his suspension by his ward executive committee.
He further said that Ayu had lost his membership in the party even before his ward executive committee suspended him.
The judge said, “The plaintiff has proven his case, all the questions for determination have been resolved in favour of the plaintiff, and he is entitled to all the reliefs sought. I so order ”
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