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The Federal High Court in Abuja on Monday fixed 2 September for the hearing of a suit seeking to stop the removal of the Gombe State and local government executives of the African Democratic Congress (ADC).
Judge Mohammed Liman set the date to hear both the main suit and the preliminary objection filed by the party’s national leadership asking the court to dismiss the case.
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Some members of the Gombe State chapter of the ADC sued the party’s national leadership and the Independent National Electoral Commission (INEC) over alleged plans to remove duly elected executives across the state’s 11 local government areas before the end of their tenure.
The suit was filed by Gombe State executives of the ADC, including Kabiru Ahmadu, secretary; Alhaji Ahmadu, organising secretary; and Philemon Bala, youth leader.
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The rest are members of the party across the 11 local governments, They are Yunusa Isa, Adamu Tela, Yusuf Benle, Sulaiman Abdul, Abu Ubaida, Aliyu Mujiammed, Mohammed Isiaya, Balarebe Adamu, Dabo Bappah Nafada, Adiel Zakariya, and Mohammed Usman.
The plaintiffs alleged that the ADC national executive and working committee planned to dissolve the state, local government, and ward executives in Gombe State without following procedures laid down in the party’s constitution.
They argued the plan violated Section 222(c) and 223(1) of the 1999 Constitution (as amended), Section 82(3) of the Electoral Act 2022, and Articles 2, 17(5) and 18(1) of the ADC constitution.
In an affidavit sworn by Mr Ahmadu, the plaintiffs maintained that the Gombe State executives of the party were duly elected at congresses held in 2022 for a four-year term. They maintained that they could not be removed before the expiry of the tenure unless conditions in the party’s constitution were met.
They said the national leadership’s plan would violate the party’s rules and prejudice the plaintiffs.
Therefore, their suit sought several declarations, including that the ADC must obey its constitution in removing or electing executives at the state, local government, and ward levels in Gombe.
The plaintiffs also sought a perpetual injunction restraining the defendants and their agents from removing the executives before their tenure expires, as well as an order directing the party to comply with its constitution in all such matters.
On 21 August, the ADC filed a preliminary objection and counter-affidavit, arguing that the court lacked jurisdiction to entertain the suit.
The party contended that the case fell within its internal affairs and was not justiciable. It further argued that “the plaintiffs lacked locus standi and had no reasonable cause of action to institute the action. They also described the suit as speculative, academic, and an abuse of court process.
The party urged the court to dismiss the case.
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Adjournment
At Monday’s hearing, the plaintiffs’ lawyer, Johnson Usman, a Senior Advocate of Nigeria (SAN), urged the court to take their motion for interlocutory injunction filed on 17 July.
However, ADC lawyer Peter Oyewole reminded the court that the party had filed three processes on 29 August: a notice of preliminary objection, a counter affidavit to the originating summons, and a counter affidavit opposing the plaintiffs’ motion.
But the judge Liman adjourned the matter until 2 September for the hearing of the preliminary objection alongside the substantive suit.
In early July this year, a coalition of opposition figures led by former Vice President Atiku Abubakar adopted the ADC as the vehicle to challenge President Bola Tinubu in the 2027 elections.
