The crisis rocking the African Democratic Congress (ADC) seems unending and more conundrum trailing the emergence of the Sen David Mark led interim National Executives of the party following a lawsuit filed on Friday at the Federal High Court, Abuja by some ward executives and members of the African Democratic Congress alleging that strange persons want to take over their party from back doors.
In an originating summons with suite number FHC/ABJ/CS/1328/2025 filed by three ADC ward officials from Kogi and Nassarawa States and thirty others through their counsel, Segun Dare Esq, the plaintiffs affirmed that the erstwhile National Chairman of the Africa Democratic Congress (ADC), Mr Ralph Okey Nwosu Lacks the right in law to convene either National Working Committee or National Executive Committee or meeting of any other organ of the party since his tenure as National Chairman has expired.
The plaintiffs also stated that Sen David Mark, Alh Rauf Aregbesola, Mallam Bolaji Abdullahi and others given the power of interim National working committee members cannot and should not act in such capacity because they well appointed by an illegal meeting called by a former National Chairman. Stating that in law it is impossible to build something on nothing.
They also argued that David Mark and others were not properly registered having not been registered from their wards, just as they stated that they could not hold party positions having not spent up to two years as members of the party, neither have they been given waiver by legitimate National Executive Committee as prescribed by the constitution of the party.
The plaintiffs have put the following questions for determination:
Whether or not the appointment of the 4th, 5th, and 6th Defendants as Interim National Chairman, National Secretary, and National Publicity Secretary of the 1st Defendant was made in breach of the provisions of the African Democratic Congress (ADC) Constitution, 2018 (as amended).
2. Whether or not, in view of the combined provisions of Article 9, paragraph D of the ADC Constitution, 2018 (as amended), the 4th, 5th, and 6th Defendants are qualified to hold the respective offices to which they were appointed.
3. Whether the key individuals involve in the merger, like 4th, 5th, and 6th Defendants where properly registered members of the 1st Defendant to qualify for leadership position.
4. Whether the constitution of the 1st Defendant, being an existing and not a newly formed political party, makes provisions for interim leadership positions such as Interim National Chairman, Interim National Secretary, and Interim National Publicity Secretary.
5. Whether the current Executive Committee of the 1st Defendant ought not to have been dissolved or replaced only through a properly convened National Convention or a valid decision of the National Executive Committee (NEC).
6. Whether the 2nd Defendant can lawfully recognize the 4th, 5th, and 6th Defendants as the Interim National Chairman, Interim National Secretary, and Interim National Publicity Secretary of the 1st Defendant, in accordance with the relevant provisions of the Constitution of the African Democratic Congress (ADC). 2018 (as amended)
7. Whether or not the 3rd Defendant’s purported handover of the party’s leadership structure to the newly constituted leadership of the ADC is not a direct violation of the judgment delivered in Suit No. FHC/ABJ/1541/2022 by Hon. Justice Binta Nyako on 21st December 2022.
In a 26 count affidavit sworn to by the first plaintiff, Emmanuel Adeyemi from Kabba,
/Bunu LGA, Kogi State, the plaintiffs seeks the following declaration
1. A Declaration that the appointment and nomination of the 4th, 5th, and 6th Defendants as Interim National Chairman, National Secretary, and National Publicity Secretary of the 1st Defendant is unconstitutional, unlawful, null and void.
2. A Declaration that the appointment of the 4th, 5th, and 6th Defendants is inconsistent with and contrary to the combined provisions of the Constitution of the African Democratic Congress (ADC), 2018 (as amended).
3. A Declaration that the act of the 3rd Defendant in handing over the party’s structure, and continuing to present himself as the National Chairman of the 1st Defendant, constitutes a breach of the judgment delivered by Hon. Justice Binta Nyako in Suit No. FHC/ABJ/1541/2022 on 21st December 2022.
4. An Order restraining the 2nd Defendant from recognizing the 4th, 5th, and 6th Defendants as the Interim National Chairman, National Secretary, and National Publicity Secretary of the 1st Defendant.
It will be recalled that the National Executive Committee meeting called by the former National Chairman had recognized and pronounced a new interim National Executive of the party led by former Senate President, Senator David Mark as the Interim National Chairman, Former Governor of Osun State, Rauf Aregbesola as Interim National Secretary and Former Sports Minister, Bolaji Abdullahi as Interim National Publicity Secretary, the positions the plaintiffs have declared to be alien to the party’s constitution .