Ayu was unexpectedly removed from his position as PDP National Chairman in March, when he was suspended by his Nyorov council ward’s executive committee for failing to pay dues.
A Benue State High Court in Makurdi ruled on Friday that Iyorchia Ayu can no longer serve as the National Chairman of the Peoples Democratic Party (PDP) due to his loss of party membership in the Igyorov Council Ward of the Gboko Local Government Area of the state.
Conrad Terhide Utaan, a member of the PDP in Benue State, took Ayu to court after his suspension by the executive committee of his Igyorov ward, which had voted against him.
In suit No. MHC/85/2023, Utaan sought, among other reliefs, a declaration that 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 party member.
He also asked the court to declare that Ayu is no longer entitled to all membership rights and privileges due to his suspension by the party’s Igyorov council ward executive committee.
In addition to other reliefs, the plaintiff sought a restraining order prohibiting Ayu from representing himself as the National Chairman of the PDP after he lost party membership in his Igyorov Council Ward.
Ayu, through his attorney J.J Usman, SAN, filed preliminary objections to the lawsuit, contesting the court’s authority to hear the case on the grounds that it involved a political party’s internal affairs.
Among other objections, he also contested Utaan’s standing to bring the lawsuit, arguing that the plaintiff had not exhausted the internal dispute resolution mechanism of the party.
Utaan’s attorney, Emmanuel Ukala, SAN, argued against the preliminary objections and urged the court to disregard the preliminary objections and grant the relief sought by the plaintiff.
The Chief Judge of Benue State, Justice Maurice Ikpambese, resolved all of the issues raised in the preliminary objections in favor of the plaintiff and accordingly dismissed the same in his two-hour-long decision.
In accordance with Article 8(9) of the PDP’s constitution, Justice Ikpambese ruled that Ayu’s failure to pay his subscription and membership charge rendered him ineligible for membership in the PDP.
Ayu’s membership in the PDP was deemed to have expired due to his failure to pay the membership charge.
On the claim that the ward executive committee of the party cannot discipline a member of the National Executive Committee, Justice Ikpambese ruled, based on Article 46(1) of the PDP Constitution, that the ward executive of the PDP has the authority to discipline a member of the NEC of the party.
The judge noted that Ayu did not provide evidence that he had paid his membership subscription fee, nor did he contest his suspension before any party organ or court, giving the court the impression that he consented to his suspension by his ward executive committee.
He stated that Ayu had lost his party membership prior to being suspended by his ward’s executive committee.
Consequently, Justice Ikpambese ruled in favor of the plaintiff on all issues.
“The plaintiff has demonstrated his case, all issues for determination have been decided in his favor, and he is entitled to all reliefs requested. I so desire”
Reacting to the judgment, counsel to Utaan, Mike Assoh described the judgement as sound, adding that the court has validated the action of the Igyorov ward executive committee of the party against Ayu, for his (Ayu) failure to pay his membership subscription fee.
In addition to accusing Ayu of anti-party activity, the ward executive committee voted against his confidence.
Vanger Dooyum, the Igyorov ward secretary at the time, stated that Ayu’s anti-party activities, along with those of his allies, contributed to the defeat of the PDP in his ward and local government in the governorship election.
In addition, they claimed that the PDP leader did not vote in the 18 March 2023 elections for governor and state assembly.
According to them, the majority of Ayu’s closest associates worked for the opposition All Progressive Congress (APC), which led to the disastrous performance of the PDP in Igyorov Ward.
The documents approving his suspension were signed by twelve of the seventeen executive committee members.
