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From Emmanuel Adeyemi, Lokoja
Crisis between the National Working Committee (NWC) and the State Working Committee (SWC) of the African Democratic Congress (ADC) over who is to conduct the state congress/primaries of the party has taken a new turn as a Federal High Court has adjourned the case to April 23 for definite hearing.
The SWC had, last month, accused the NWC of breaching the party’s constitution by setting up various committees to conduct the state congress/primary elections, which was slated for April and said it was a clear usurpation of the functions and responsibilities of the state party chairmen.
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.
In an originating summons brought before the Federal High Court, Abuja and dated March 18, the plaintiffs, through their counsels, 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 or the State Working Committee .
The plaintiffs also want the court to determine whether by the community reading of Sec 223 of the Federal Republic of Nigeria 1999 (as amended), Article 17 of the Constitution of the ADC and mediation report dated December 23, 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.
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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 want 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.
However, when the case came up for hearing on Tuesday, April 14, the trial judge, Justice J.O Abdulmalik, having considered the oral application for adjournment by Mr Marcel Ebinine, counsel to the sixth defendant, (David Mark) for him to respond to the plaintiff processes, ordered “that all parties should file their consequential processes to enable the matter see the light of the day and that all parties in the matter shall maintain status quo ante bellum and shall not take further steps in the matter so as not to render nugatory the proceedings before the court.”
The judge further ordered that the first to fifth defendants be served hearing notice for definite hearing.
He, therefore, adjourned the case to April 23 for definite hearing.
