2023 Election: Despite Court Sack, ADC Nat’l Chair Refuses To Step Down, Reveals Next Move

2023 Election: Despite Court Sack, ADC Nat’l Chair Refuses To Step Down, Reveals Next Move

  • Chief Ralph Nwosu will not be stepping down from his position as the national chairman of the African Democratic Congress (ADC)
  • Ahead of the forthcoming 2023 general election, the Federal High Court in Abuja issued a verdict confirming his sack
  • However, Nwosu and his legal team triggered a clause in the new Electoral Act of 2022 as amended to remain in office while an appeal was filed

FCT, Abuja - The national chairman of the African Democratic Congress (ADC) Chief Ralph Nwosu will remain the leader of the party despite a federal high court judgment dismissing him as the leader.

Explaining this development in Abuja on Wednesday, December 28, the chairman’s attorney, Peters Iyiola Oyewole during a press conference said the decision of the federal high court in Abuja is subject to be challenged at the appellate court.

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Ralph Nwosu-ADC, 2023 election
Chief Ralph Nwosu and his legal team triggered a clause in the new Electoral Act of 2022 that allows him to remain chairman pending the outcome of the appeal. Photo: Chief Ralph Nwosu
Source: Facebook

He revealed that Nwosu’s decision to remain as chairman of the ADC despite the first verdict does not violate the stipulations of the rule of law.

He said:

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“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.
“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 retain the status quo he must file an application for a stay of execution if the judgement has a jurat or he files an injunction pending appeal in case of a declarative judgement.”

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What does the law say?

As reported by the Guardian, Nwosu’s legal counsel further revealed that they were not pleased with the judgment of the federal high who gave the verdict for his ouster as chairman of ADC.

He said this verdict immediately triggered the move to seek justice at the appellate court as well as filing an injunction pending the determination of the appeal.

While citing section 138 of the new Electoral Act as amended, Oyewole said:

“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.”

Court sacks APC council chair 1hr after taking Oath of Office In Top Arewa state

Meanwhile, the Niger state high court has sacked Mustapha Alheri as the authentic candidate of the APC in the just-concluded local government election in the state.

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Justice Muhammed of the court sacked Alheri 1hr after taking the oath of office as the chairman of the Chanchaga LGA and declared Yusuf Ladan as the authentic candidate of the APC.

According to the judgment, Alheri did not participate in the primary that produced Ladan and he was part of the stakeholders that conducted the primary

Source: Legit.ng

Authors:
Segun Adeyemi avatar

Segun Adeyemi (Current Affairs and Politics Editor) Segun Adeyemi is a journalist with over 9 years of experience as an active field reporter, editor, and editorial manager. He has had stints with Daily Trust newspaper, Daily Nigerian, and News Digest. He currently works as an editor for Legit.ng's current affairs and politics desk. He holds a degree in Mass Communication (Adekunle Ajasin University). He is a certified digital reporter by Reuters, AFP and the co-convener of the annual campus journalism awards. Email: segun.adeyemi@corp.legit.ng.