A Makurdi High Court on Monday adjourned the suit seeking to remove the embattled National Chairman of the Peoples Democratic Party (PDP), Dr. Iyorchia Ayu to 28th April.
The suit was filed by a member of the party, Conrad Utaan.
Justice Wilfred Kpochi however announced that he would be returning the case file to the Chief Judge of Benue State to reassign it to another judge as he would be embarking on a national assignment at the election petitions tribunal.
Counsel to Ayu, Johnson Jacob Usman, a Senior Advocate of Nigeria (SAN), had told the court that he was withdrawing Ayu’s preliminary objection and counter affidavit to the suit he filed on 3rd April.
However the lead counsel to Utaan, Emmanuel Ukala (also a SAN), who did not object to the application for the withdrawal of the two processes, however asked the court to award cost against Ayu, insisting that the plaintiff was prepared for hearing of the substantive suit.
Ukala told the court that the defendants only served him fresh processes while in court and he would have to respond to it.
He also submitted that counsels in the case had agreed that the preliminary objection and counter affidavit as well as the substantive suit be heard together on 28th April.
Usman affirmed the Ukala’s submission.
Having listened to the submission of the counsels, Justice Kpochi adjourned the case to 28th April for hearing of the substantive suit.
On 27th March, Justice Kpochi had issued an interim order restraining Ayu from parading himself as the PDP National Chairman pending the hearing and determination of the Suit No.MHC/85/2023, filed by Utaan, and seeking to remove Ayu as National Chairman of the party
Utaan’s action was as a result of the suspension of the Ayu by his Igyorov ward executive members who met two days earlier and passed vote of no confidence in him.