Justice Kpochi made the decision on Monday at the Makurdi High Court.

Justice Kpochi announced his withdrawal from the case and that, because he had been assigned a national assignment at the Elections Petition Tribunal, he would be returning the case file to the Chief Judge of Benue State for reassignment to another judge.

Recall after receiving a vote of no confidence, the PDP executives in Ayu’s Igyorov ward in the Gboko Local Government Area of Benue State suspended him.

On March 27, 2023, based on an ex-parte motion instituted by a PDP member, Conrad Utaan, Justice Kpochi issued an interim order restraining Ayu from parading himself as the PDP national chairman pending the hearing and determination of the suit.

J.J. Usman, Ayu’s attorney, however, informed the court yesterday that he was withdrawing Ayu’s preliminary objection and counter affidavit to the lawsuit, both of which were submitted on April 3.

Although Emmanuel Ukala (SAN), the attorney for Utaan, did not object to the request for the withdrawal of the two processes, he asked the court to impose costs on Ayu because the plaintiff came prepared to hear the substantive lawsuit.

Ukala also informed the court that while he was in court, the defendants served him with new documents, to which he must now respond.

Justice Kpochi adjourn the matter until April 28 in order to hear the substantive lawsuit after hearing the attorney’s submissions.