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Fresh crisis has hit the African Democratic Congress, ADC, as states chairmen in the 36 states and the FCT have dragged the National Working Committee (NWC) to court over flagrant disregard to the party’s constitution.
The State Working Committees (SWC) had accused the NWC of breaching the party’s constitution by setting up various committees to conduct the state primary elections in April, an action it claimed was a usurpation of the functions and responsibilities of the state party chairmen.
The state party chairmen, therefore, urged the court to grant them a perpetual interlocutory injunction restraining the NWC headed by Senator David Mark from conducting the party primaries until the final determination of the case.
In an originating summons brought before the Federal High Court, Abuja, and dated March 18, the plaintiffs want the court to urgently determine whether the interim Working Committee set up by the NWC has the locus standi to organise the state party primaries.
The plaintiffs also want the court to determine whether by the community reading of Section 223 of the Federal Republic of Nigeria 1999, Article 17 of the Constitution of the ADC and mediation report dated Dec 23, 2023, the four years tenure of the elected state working committee and the state executive committee of the party subsists, pending the conduct of a valid state congress and convocation of national convention
They also want the court to determine whether on the combined reading of Article 19(7) and (9) of the Constitution of the party, it is not the exclusive function of the state executive committee to organise the Congress of the party
The originating summons also wants the court to determine whether having regard to Article 19(7) of the Constitution of the party, the body described as “Caretaker/Interim National Working Committee” constituted by the party possesses the constitutional authority to appoint a Congress committee members for the purpose of conducting the state Congress of the party.
The suit also seeks the court’s determination on whether the appointment of the Congress committee members by the party described as “Caretaker/Interim working Committee,” (or any other variant thereof) not being the state executive committee constituted by the party’s constitution is not unconstitutional, null and void.
The suit filed by Don Norma Obinna and six others on behalf of the 36 state party chairmen and FCT joined the party, the NWC chairman, David Mark, INEC and four others, as the defendants.
Among the reliefs sought by the plaintiffs include an order of perpetual injunction restraining the defendants, their agents, privies and others from interfering with the functions, duties and tenure of the plaintiffs being the state executive committee of the party.
The court is yet to set a date for the mention of the case. (The Sun)