Judiciary
THE Federal High Court, Abuja has removed the Mr Ralph Nwosu- led leadership of the African Democratic Congress, (ADC) and nullified all actions the executive committee took from Aug. 21 till date.
Justice Binta Nyako on Tuesday in Abuja also affirmed Sen. Patricia Akwashiki as the authentic National Chairman of the party.
Counsel to Akwashiki, Mr Benson Igbanoi, said that by the court order, the actions of the Nwosu-led executive between Aug. 21 and Dec. 20 becomes void.
He said those actions, including the sack of the presidential candidate, Mr Dumebi Kachikwu, had been invalidated.
According to him, the court, having perused the constitution of the ADC, held that the party was bound by its extant constitution and therefore, the actions taken by the defendants were unconstitutional, null and void, and of no legal effect whatsoever.
The matter was commenced by means of an originating summons filed on Aug. 30.
The questions for determination were: “Whether, having regards to Article 2, Article 17 2 m, n, o, p and Article 23 a, b of the Constitution of the African Democratic Congress, 2018 (as amended), the tenure of office of the chairman and members of the National Working Committee elected and sworn into office at the National Convention of the 1st defendant held in Osun on Aug. 28, 2018 does not expire by effluxion of time at the expiration of four years from the date of their being sworn in.
“Whether, having regards to Article 23 (a) and (b) of the Constitution of the ADC 2018 (as amended) and the mandatory requirement for the giving of seven days notice of a National Executive Committee meeting of the 1st defendant summoned by the National Working Committee of the 1st defendant, the purported National Executive Committee meeting held at the instance of the 2nd defendant wherein the tenure of the National Officers of the 1st Defendant elected and sworn into office on Aug. 27 2018 is not null and void and of no effect whatsoever.
“Whether, having regards to Article 24 (a) of the Constitution of the ADC 2018 (as amended), the National Officers of the 1st defendant can be validly elected or their term of office extended other than by the National Convention of the 1st defendant.
The reliefs sought by the plaintiffs which were granted in their entirety are as follows:
“A declaration that the tenure of the National Chairman and members of the National Working Committee of the 1st defendant who were elected and sworn into office at the National Convention of the 1st defendant held on Aug 28, 2018 expired by effluxion of time upon the expiration of four years from the date of their being sworn in being midnight on Aug. 27.
“A declaration that only the National Convention of the 1st defendant can elect and or extend the tenure of the National Chairman and members of the National Working Committee of the 1st defendant.
“A declaration that the purported emergency meeting of the National Executive Committee of the 1st defendant held on Aug. 25, is null, void and of no legal effect whatsoever.
“Not having been convened upon the giving of at least seven days’ notice to the plaintiffs and every other member of the 1st defendant eligible to attend the meeting as mandatorily stipulated in the Constitution of the 1st defendant.
“A declaration that the purported resolution passed at the purported emergency National Executive Committee meeting of the 1st defendant held on Aug. 25, extending the tenure of the 2nd defendant as the National Chairman of the 1st defendant and the tenures of the other members of the National Working Committee of the 1st defendant who were elected and sworn in at the National Convention of the 1st Defendant held on Aug. 28, 2018 is null, void and of no legal effect whatsoever.
“An order of perpetual injunction restraining the 2nd defendant and the entire National Working Committee of the 1st defendant elected and sworn in on Aug. 28, 2018 from parading themselves or holding themselves out in any manner as the National Chairman and members of the National Working Committee of the 1st defendant.”(NAN)
A.I
Tags: African Democratic Congress APC Justice Binta Nyako Mr Dumebi Kachikwu Mr Ralph Nwosu Sen. Patricia Akwashiki
