The national chairman of the African Democratic Congress (ADC) Chief Ralph Nwosu, has declared that he would not vacate his seat based on a recent order by a Federal High Court in Abuja.
ADC’s National legal adviser, Peters Iyiola Oyewole, at a press conference, Thursday in Abuja, said the decision was based on an appeal already filed against the court decision delivered by Justice Binta Nyako last week.
Oyewole contended that the resolve by Nwosu to hold on to his seat was in tandem with the rule of law and tenets of democracy.
Justifying the party position, he noted: “Now from the issues submitted for determination and the judgement of the court two major things are discernable. The first is that there is nobody or group of persons that asked the court to pronounce him or them as national officers of the party and so the judgement of the court did not pronounce any person or group of persons as national officers.
“From the issues for determination and the reliefs pleaded for there is nowhere the plaintiffs asked the court to pronounce on the national convention of the party held on the 12th of October 2022.
“It is also important to state that it is for a party who is not satisfied with the judgement of a court to file an appeal if he has the right of an appeal. And where he intends to retains the status quo he must file an application for stay of execution if the judgement has a jurat or he files an injunction pending appeal in case of a declarative judgement.
“I am glad to inform you that ADC not satisfied with the judgement of the federal high court under reference has filed an appeal and has also filed an application for injunction pending the determination of the appeal.
“Section 138 of the electoral Act states that where an election is nullified by the court and notice of appeal against the decision of the court is given within the stipulated period for appeal , the elected candidate shall not withstanding the decision of the court remain in office and shall enjoy all the benefits that accrue to the office pending the determination of the appeal and shall not be sanctioned for the benefits while he remains in office.
“The provision of this law which applies to elected officials remains a template that governs our democratic processes and the essence of that law is to prevent anarchy.
“An important aspect of the court decision is if the party so wishes it can organise a convention. Political parties in Nigeria are creation of law and they ate regulated as such. ADC being a law abiding political party shall never in any event flout the law.
“As we speak the party has set every machinery in place to comply with the judgement of the court. It is also important to note that while all these processes are ongoing the law would not favour anarchy and so the appropriate people that should sign all the notices would do their jobs at the appropriate time.”
Recall that the High court had among others ruled that the tenure of the Nwosu led NWC expired by 28th of August 2018 adding that only the national convention of the party can elect national officers.
The court further ruled that the emergency meeting of the party held on the 25th of August 2022 is null and void just as it directed that the party can if it so wishes call for a new convention following the appropriate laid down procedures.
