A former National Chairman of the Peoples Democratic Party (PDP), Dr Iyorchia Ayu, on Wednesday withdrew his appeal suit against the PDP and one Conrad Utaan.
Our correspondent reports that the Notice of Withdrawal of Appeal was contained in Appeal No: CA/MK/88/2024 before the Court of Appeal in Makurdi dated April 15, 2024.
“Take notice that the appellant in pursuant herein intends and doth hereby wholly withdraws his appeal against all the respondents filed on 27th day of June 2023 vide notice of appeal dated the 26th day of June 2023,” the documents reads.
A high court sitting in Gboko town of Benue had on September 1, 2023, dismissed a suit seeking to set aside the suspension of Dr Iyorchia Ayu as a member of the PDP.
This was sequel to the action of one Nongo Ordue, who had filed a suit on behalf of the 17-member executive of Ayu’s Igyorov Council Ward of Gboko in Gboko Local Government Area of Benue State, seeking an order to set aside the suspension of the former National Chairman of the PDP, Ayu from the party.
The plaintiffs also sought an order to reinstate Ayu as the National Chairman of PDP, amongst other prayers before the court.
But, Counsel for the PDP, Clement Mue, in his reply to the suit, however, submitted that the judgment of the Makurdi High Court in Utaan versus Ayu, which was marked MHC/85/2023 had sufficiently addressed the issues raised in the present claim of the plaintiffs.
Mue informed the court that Ayu had since filed an appeal at the Court of Appeal against the decision of the court, arguing that hearing and determining the suit would amount to sitting on an appeal against the earlier decision of the court.
The PDP counsel therefore urged the court to hold that the suit before it amounted to an abuse of court process.
Ruling on the matter, Justice D.M Igyuse, had observed that the plaintiffs had filed a similar claim in suit No. GHC/36/2023 between themselves as plaintiffs, including Dr Ayu who was the 18th plaintiff and the said suit was struck out by the High Court 3, Gboko on June 27, 2023 on the application of J.T Injua who told the court that the said claim had been filed by the present plaintiffs’ counsel, Nongo Ordue.
Justice Igyuse, therefore had upheld the submission of Barrister Mue and accordingly dismissed the suit, describing it as the worst form of abuse of court process.
