A Makurdi High Court yesterday affirmed that Dr. Iyorchia Ayu can no longer hold office as national chairman of the Peoples Democratic Party (PDP) having lost membership of the party in his Igyorov Council Ward of Gboko local government area of Benue State.
A member of the PDP in Benue State, Engr. Conrad Terhide Utaan, sued Ayu after the ward executive committee suspended him after passing a vote of no confidence on him.
In suit No: MHC/85/2023, Engr Utaan, 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 court 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 ward executive committee of the party.
The plaintiff further sought an order restraining Ayu from parading himself as the national chairman of the PDP.
Dr. Ayu through his counsel J.J Usman, (SAN), filed preliminary objections to the suit bordering 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, Engr. Utaan to institute the action, adding that the plaintiff had not exhausted the internal dispute resolution mechanism of the party, among other objections.
Delivering judgement that lasted for over two hours, the Chief Judge of Benue State, Justice Maurice Ikpambese, resolved all the issues raised in the preliminary objections in favour of the plaintiff and accordingly dismissed same.
He held that by virtue of Article 8(9)of the constitution of the PDP, Dr. Ayu ceased to be a member of the PDP, with his failure to pay his subscription and membership fee.
He ruled that Ayu’s membership of the PDP elapsed 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 any NEC member of the party.
The judge pointed out 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 said Ayu had lost his membership of the party even before he was suspended by his ward executive committee.
