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A constitutional lawyer, Fred Nzeako, has said the Supreme Court ruling sending the African Democratic Congress, ADC, back to the Federal High Court is not a setback for the party.
The Supreme Court had returned the case to the Federal High Court, nullifying the ruling of the Court of Appeal which barred the recognition of Senator David Mark’s leadership as the National Chairman of the African Democratic Congress, ADC.
On Thursday, the Supreme Court held that the preservative order issued by the Court of Appeal was made in bad faith, unnecessary, unwarranted and improper.
The Supreme Court, in a unanimous decision by Justice Mohammed Lawal Garba, held that the Court of Appeal had no business making such an order when none of the parties before it sought for it.
INEC had de-recognised David Mark and Aregbesola following an earlier order of status quo ante bellum issued by the Court of Appeal.
Many, especially the supporters of the African Democratic Congress had felt the Supreme Court judgement is a trap and a major setback to the party’s progress ahead of the general elections.
But speaking on Arise News, Ezeako said “I don’t think it is a setback that the Supreme Court asked them to go back to the Federal High Court.
“I’ll tell you what it is not. There is leadership of ADC as we speak led by David Mark. No pronouncement of disqualification of their position has been made by the court; They have been elected by the party’s NEC.
“ADC has leadership, and that leadership is led by Senator David Mark. The matter in court can be going on, and that is the reason I say they are not in a tight corner.
“That is why I cautioned INEC on their future plans. They have no excuse for not engaging with the David Mark leadership.
The law says give notice. They did so copiously; and whether INEC observes or not is their business. Once you have given that notice of 21 days, they must not. And whether they observe or not does not nullify the convention.
They have to obey the law. Now it is left to INEC to accept it only to observe or not to observe.
“One of the big things people have been talking about is that INEC has, by their timetable, by their timeline said all political party must submit their register membership registers by May 10. Yes, you don’t need membership register to hold a general election.
You don’t because not every Nigerian must belong to political parties, but every Nigerian is authorized by law to go and vote. All you need is your own voters register for the election.
“Now you can ask, what is the essence of the party register? It is just to make sure that because when you have direct primaries, all the members of the party will be involved, which is a very wicked provision that the National Assembly has inserted in the Electoral Act. They know the reason they did it. They did it mainly to harm opposition parties because they made a provision that it is either you decide by consensus or by direct primaries.
What is wrong with indirect primaries? We have argued over and over again that there is nothing wrong with indirect primaries and there’s nothing wrong with direct primaries, but direct primaries are almost like going for a major election, because what it means is that all around the country, you will conduct votes.”
