By Amos Aar
A Benue State High Court sitting in Makurdi last Friday fixed May 26, 2023, to rule on preliminary objection in the suit seeking the removal of Dr Iyorchia Ayu as the national chairman of the Peoples Democratic Party (PDP).
Benue State Chief Judge, Justice Maurice Ikpambese, adjourned for ruling after parties in the suit adopted their processes in the matter.
A member of the PDP in Benue State, Engr Conrad Terhide Utaan, had dragged Ayu to court after his (Ayu) Igyorov Ward executive committee suspended him following an alleged passage of a vote of no confidence on him.
When the matter came up for hearing, counsel to Ayu, Yakubu Maikasuwa, SAN, raised preliminary objections, challenging the jurisdiction of the court to entertain the suit on the grounds that it is an internal affair of a political party.
He also submitted that the plaintiff failed to utilise the domestic dispute resolution mechanism of the party in resolving the crisis.
Maikasuwa, SAN, averred that no wrong was done to the plaintiff, and there was no benefit or utilitarian value to be derived by the plaintiff from the suit.
In his response to the preliminary objections, counsel to Engr Utaan, Emmanual Ukala, SAN, submitted that the matter was not an internal affair of a political party, saying there was a judicial precedence which resolved the issue.
He cited the judgement of a Rivers State High Court in the case between five members of the PDP vs Uche Secondus, the position of the Court of Appeal in Oshiomhole vs Salihu in 2021 and the Supreme Court decision in Gana vs SDP in 2019.
He argued that when it comes to interpretation of the constitution of a political party, the court is entitled to exercise its jurisdiction
On the averment by Ayu’s counsel that the domestic dispute resolution mechanism of the PDP was not utilised by the plaintiff, Ukala submitted that the complaint is against Ayu, and as at the time the suit was instituted, Ayu was a sitting national chairman of the PDP.
He submitted that Ayu cannot be a judge in his own matter as doing so will be against the principle of fair hearing as contained in section 36 of the 1999 Constitution (as amended).
On the averment that the plaintiff lacks locus standi to bring the application, Ukala argued that it is the case put forward by a plaintiff that determines his locus standi, and a look at the originating summons shows that the plaintiff has locus standi in the instant suit.
On the objection by Ayu’s counsel that the suit has no utilitarian value or benefit to the plaintiff, Ukala told the court that the suit has utilitarian value and benefit to the plaintiff as the plaintiff is a member of the party who showed interest in the national chairmanship when the national chairmanship of the PDP was zoned to Benue.
Ukala urged the court to dismiss all the preliminary objections to the originating summons.
While adopting the originating summons, the accompanying written address, affidavit in support of the originating summons and exhibit, Ukala, SAN, averred that Ayu has not challenged his suspension by his ward executives in any court.
After listening to both counsel in the matter, the presiding judge, Justice Maurice Ikpambese, adjourned the matter to May 26, 2023 for ruling.
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