Court sacks African Democratic Congress executive committee
The Federal High Court sitting in Abuja,the Federal Capital Territory(FCT) on Tuesday, removed the National Chairman of the African Democratic Congress (ADC). Ralph Nwosu, and equally nullified all actions the executive committee took from 21 August to date.
Penpushing reports that, the judge, Justice Binta Nyako, declared Patricia Akwashiki as the authentic National Chairman of the party, while her counsel Benson Igbanoi, said by the court order, the actions of the Nwosu-led executive between 21 August and 20 December had been voided.
The lawyer added that those actions, including the sacking of the presidential candidate, Dumebi Kachikwu, had been invalidated, explaining that the court, having perused the constitution of the African Democratic Congress (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.
Penpushing further reports that, the matter was commenced by means of an originating summons filed on 30 August, 2022,while the suit asked and urged the court to determine 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 suit also sought, among others, 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 August 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.”
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