The Federal High Court sitting in Abuja, on Tuesday, ordered the removal of the National Chairman of the African Democratic Congress (ADC), Ralph Nwosu.
The presiding judge, Justice Binta Nyako, also nullified all actions taken by Nwosu-led executives from August 21, 2022, to date.
Justice Nyako, however, affirmed Sen. Patricia Akwashiki as the ADC National Chairman.
Counsel to Akwashiki, Benson Igbanoi, said by the court order, the actions of the Nwosu-led executive between August 21 and December 20 becomes void.
He said those actions, including the sack of the presidential candidate, 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 August 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 August 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 August 27, 2018, is not null and void and of no effect whatsoever.
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“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 included 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 August 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 August 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 August 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 August 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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