A ruling from the Benue State High Court in Gboko, presided over by Justice D.M. Igyuse, has dismissed a lawsuit aimed at overturning the suspension of Dr. Iyorchia Ayu as a member of the Peoples Democratic Party (PDP) and restoring his position as National Chairman of the party.
The suit had been brought forward by Nongo Ordue, representing the 17-member executives of Dr. Ayu’s Igyorov Council Ward in Gboko Local Government Area. The plaintiffs sought the court’s intervention to annul the suspension and reinstate Dr. Ayu as the National Chairman of the PDP.
In response, the PDP’s counsel, Clement Mue, referred to a Makurdi High Court judgment (MHC/85/2023) against Ayu, asserting that the issues raised in the plaintiffs’ claim had already been addressed in that case. Mue argued that the suit was consequently subject to a legal concept known as ‘estoppel.’
Mue further informed the court that Dr. Ayu had already appealed the earlier decision at the Court of Appeal.
Emphasizing the potential for the suit to be regarded as an abuse of court process, the PDP counsel requested the court to recognize it as such.
In his ruling, Justice Igyuse highlighted that the plaintiffs had previously initiated a similar claim in another suit (No. GHC/36/2023), which was ultimately struck out by High Court 3 in Gboko. This prior suit was dismissed on June 27, 2023, on the basis of information provided by J.T. Injua, who stated that the same claim had been filed by Nongo Ordue, the present plaintiffs’ counsel.
