“This is not a question of convenience or judicial interpretation alone; it is a question of constitutional structure and institutional discipline. All party Congresses must be: Centrally coordinated. Nationally supervised. Constitutionally validated by the NWC/NEC. Anything less invites: Fragmentation of party authority”
With Profound Respect, To The Federal High Court, The NEC/NWC of Every Political Party In Nigeria And Not State Organs, Determines The Conduct of Ward, Local Government, State Congresses And National Conventions Of Political Parties In Nigeria.
The attention of the D-37 has just been drawn to the perverse ruling of the Federal High Court, Abuja, this afternoon, and we are constrained to totally disagree with the ruling on the following grounds.
1. The ADC Constitution Establishes National Supremacy
(Articles 13, 14 & 15 of the ADC Constitution provides for powers of NEC/NWC)
A holistic reading of the Constitution of the African Democratic Congress (ADC), particularly:
Article 13 (Powers of the NEC);
Article 14 (Functions of the National Working Committee); and
Article 15 (Relationship of Party Organs)
makes it clear that:
The National Executive Committee is the principal policy organ of the Party, with authority to issue directives binding on all organs.
And further:
The National Working Committee is responsible for implementing NEC decisions and directing the administration of the Party at the national level.y
These provisions establish clear hierarchical supremacy of national organs over state structures.
2. State Organs Are Administrative, Not Sovereign (Article 21 – State Organs)
Under Article 21 (State Executive Committee / State Working Committee):
The SWC are empowered to manage day-to-day administration at the state level.
The State Executive Committee may determine dates and logistics such as the venue and other arrangements for congresses.
However:
These powers are administrative and procedural, not electoral or constitutional authority to conduct congresses independently.
3. Congresses Are Electoral Processes with National Consequences (Article 7 & Article 19)
Under:
Article 7 (Party Structure and Democracy).
Article 19 (Party Congresses and Conventions).
State Congresses are designed to:
Elect state officers of the party.
Produce delegates to higher organs.
Feed into the National Convention.
They are therefore constitutional electoral processes with national implications, requiring national approval and oversight not unilateral State determination and control.
4. INEC Framework Requires Centralised National Control.
The Independent National Electoral Commission (INEC):
Requires centralised national notification of party congresses, from the Ward, LGA, State, Zonal and National Convention.
INEC engages only with recognised national leadership structures of all political parties.
Monitors compliance through national coordination channels and not states.
This reinforces the constitutional logic that congresses cannot be autonomously conducted by state organs or chapters.
5. Judicial Authorities on Party Supremacy and Strict Compliance
The following binding authorities confirm strict adherence to party constitutions:
A.G. Federation v. Abubakar (2007) 10 NWLR (Pt. 1041) 1 (SC)
Political parties must act strictly within the limits of their constitutions.
Shinkafi v. Yari (2016) 7 NWLR (Pt. 1511) 340 (SC)
Where a procedure is prescribed, it must be strictly followed.
PDP v. Sylva (2012) 13 NWLR (Pt. 1316) 85 (SC)
Courts will not allow political parties to act outside their constitutions.
Emenike v. PDP (2012) 12 NWLR (Pt. 1315) 556 (CA)
Party internal processes must comply strictly with party constitutions.
Lado v. CPC (2011) 18 NWLR (Pt. 1279) 689 (CA)
Deviation from party constitutional procedure is fatal.
6. Why the Federal High Court Ruling Is Respectfully Wrong
With respect, the ruling suffers from fundamental defects:
It isolates procedural clauses (date/venue provisions under Article 21).
It ignores Articles 13–15 establishing NEC/NWC supremacy.
It mischaracterises congresses as administrative events rather than electoral processes coordinated by the NEC/NWC of the ADC and all parties in Nigeria.
It fails to give weight to INEC’s centralised regulatory framework.
The effect is to wrongly suggest that state organs possess independent constitutional sovereignty, which is inconsistent with both party law and electoral jurisprudence in Nigeria.
7. The Correct Legal Position
On a proper, harmonious reading of:
Articles 7, 13, 14, 15, 19 & 21 of the ADC Constitution
The correct position is:
The State Working Committee cannot independently conduct State Congresses.
Authority resides in:
NEC (policy and supremacy).
NWC (execution, supervision, coordination, validation).
FINAL WORD
This is not a question of convenience or judicial interpretation alone, it is a question of constitutional structure and institutional discipline.
All party Congresses must be:
Centrally coordinated.
Nationally supervised.
Constitutionally validated by the NWC/NEC.
Anything less invites:
Fragmentation of party authority.
Legal uncertainty.
Institutional anarchy masquerading as internal democracy.
And the law, as consistently affirmed by the Supreme Court and Court of Appeal, does not permit such disorder.
This ruling is therefore a judicial overreach and consistent with the ongoing deployment of the judiciary in aid of the APC one-party State agenda.
Moreover, the Supreme Court has reserved judgement on an appeal, which the outcome would effectively determine these matters. And in line with prudent judicial policy, my the Federal High Court should have exercised restraint for the final judgment of the Supreme Court before granting any prayers in the extant suit, if it was not acting a script.
WE THEREFORE CALL ON ALL ADC PARTY MEMBERS TO REMAIN CALM, RESOLUTE AND DETERMINED AS THE NATIONAL LEADERSHIP OF THE PARTY WOULD REACT AND DIRECT AS APPROPRIATE.
Alex Ter Adum, PhD.
