Justice Binta Nyako of the Federal High Court yesterday removed the Chief Ralph Nwosu-led executives of the African Democratic Congress (ADC).
Specifically, Justice Nyako barred ADC and Chief Ralph Okey Nwosu from extending his tenure of office after it had expired going by the extant provisions of the ADC Constitution.
The court also nullified all actions taken by executives from the August 21, 2022 till date.
The Court’s Judgement is in favour of Kingsley Temitope Ogga and others plaintiffs in suit No FHC/ABJ/CS/1541/2022.
The court held that the party was bound by the extant provisions of its Constitution, and therefore, the actions taken by the ADC and Chief Nwosu in wanting to extend Nwosu’s expired tenure of office is unconstitutional, null, void and of no legal effect whatsoever.
Justice Nyako also ordered the ADC to conduct a Special Convention for election to the positions of the ADC national chairman, and members of its National Working Committee (NWC).
In the suit filed and argued by a leading constitutional lawyer and human rights activist, Chief Mike Ozekhome, SAN, Justice Nyako answered in the affirmative, all the three questions posed by the plaintiffs under Articles 2; 17 (2) m, n, o, p; 23 a, b; and 24 (a) of the ADC Constitution, 2018, as amended.
The judge consequently granted all the reliefs sought by the Plaintiffs (Kingsley Temitope Ogga and 9 others) who had sued the ADC, Chief Nwosu and the Independent National Electoral Commission (INEC).
The suit before Nyako was commenced by means of an Originating Summons filed on the 30th of August, 2022.
The questions put by the plaintiffs 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 National Working Committee of the 1st Defendant elected and sworn into office at the National Convention of the 1st Defendant held in Osun State on the 28th day of August, 2018 does not expire by effluxion of time at the expiration of 4 years from the date of their being sworn in.
“Whether, having regards to Article 23 (a) and (b) of the Constitution of the African Democratic Congress, 2018 (as amended) and the mandatory requirement for the giving of 7 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 the 27th day of August, 2018 is not null and void and of no effect whatsoever.
“Whether, having regards to Article 24 (a) of the Constitution of the African Democratic Congress 2018 (as amended), on behalf of ADC 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 and granted in the Originating Summons 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 the 28th day of August, 2018 expired by effluxion of time upon the expiration of 4 years from the date of their being sworn in being midnight on the 27th day of August, 2022.
“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 the 25th day of August, 2022 is null, void and of no legal effect whatsoever, not having been convened upon the giving of at least 7 days’ notice to the Plaintiffs and every other member of the 1st Defendant eligible to attend the meeting as mandatory 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 the 25th day of August, 2022 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 the 28th day of August, 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 the 28th day of August, 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.
“An order of perpetual injunction restraining the 3rd Defendant, whether by itself, its Chairman, officials, agents, privies or otherwise howsoever, from recognizing, dealing with or in any manner relate with the 2nd Defendant as the National Chairman of the 1st Defendant beyond midnight on the 27th day of August, 2022.
ADC has been enmeshed in crisis as a faction loyal to Dumebi Kachikwu, the party presidential candidate and another loyal to Nwosu had been at war over the control of the party for some months now.
A faction loyal to Nwosu had announced the sack of Kachikwu as the party’s presidential candidate in August.
However, loyalists of the presidential candidate in retaliation also announced the appointment of Akwashiki as Caretaker chairman of the party.
They also inaugurated a seven-member Caretaker Committee to steer the affairs of the party ahead of the 2023 polls.
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