Justice Wilfred, who said the reason for his withdrawal was because of his appointment as one of the sitting Justices for election Tribunals, also fixed April 28, 2023 for the continuation of hearing for the suit.
A Benue State High Court Judge, Justice Wilfred Kpochi, has withdrawn from presiding over a suit seeking to remove the embattled National Chairman of the Peoples Democratic Party, PDP, Dr. Iyorchia Ayu.
Justice Wilfred, who said the reason for his withdrawal was because of his appointment as one of the sitting Justices for election Tribunals, also fixed April 28, 2023 for the continuation of hearing for the suit.
Ayu was suspended by the PDP ward executive of his Igyorov ward in Benue State's Gboko Local Government Area, LGA, after a vote of no confidence in him.
Shortly after, a party stalwart, Mr. Conrad Utaan, petitioned the court in suit No. MHC/85/2023, seeking 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."
“A declaration that Dr. Ayu could not 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 in his Igyorov Council Ward of Gboko LGA where he used to be a member of the party.”
On March 27, 2023, Justice Kpochi issued an interim order prohibiting Dr. Ayu from parading himself as the PDP's National Chairman pending the hearing and determination of the suit.
When the matter came up, Dr. Ayu's counsel, Mr Johnson Usman, informed the court that he was withdrawing his preliminary objection and counter-affidavit to the suit, which he had filed on April 3rd, 2023.
Utaan's lead counsel, Emmanuel Ukala, did not oppose the application to withdraw the two processes; however, he asked the court to award Ayu costs because the plaintiff came prepared for the substantive suit hearing.
Ukala also informed the court that the defendants served him with new processes while he was in court and that he would have to respond to them.
He also stated that the parties had agreed that the preliminary objection and counter-affidavit, as well as the substantive suit, would be heard together on April 28th, 2023.
Ukala's submission was confirmed by Dr. Ayu's counsel.