Alhaji Adamu Abdulkadir & Anor V. Ambassador Yussuf Mamman & Ors (2003)

LawGlobal-Hub Lead Judgment Report

ODUYEMI, J.C.A.

In the High Court of the Federal Capital Territory, Abuja, the 1st, 2nd and 3rd respondents herein, as plaintiffs took out an originating summons against the 1st and 2nd appellants herein together with the 4th respondents herein as 1st, 2nd and 3rd defendants respectively.

By a subsequent statement of claim, plaintiffs sought the following reliefs:

“1. A declaration that the 1st plaintiff was the only person empowered by the Constitution of the Alliance for Democracy to convene the first National Convention of the Alliance for Democracy.

2. A declaration that the plaintiffs were duly and properly elected at the National Convention of the Alliance for Democracy held at the Abuja Gardens in Abuja on Wednesday, 1st November, 2000 into the following offices:
1st plaintiff- National Chairman;
2nd plaintiff- National Deputy Chairman;
3rd plaintiff- National Vice Chairman (N.W.);
4th plaintiff- National Vice Chairman (S.E.);
5th plaintiff- National Vice Chairman (N.E.);
6th plaintiff- National Vice Chairman (S.W.);
7th plaintiff- National Vice Chairman (N.C.);
8th plaintiff- National Vice Chairman (S.S.);
9th plaintiff- National Treasurer;
10th plaintiff- National Financial Secretary;
11th plaintiff- National Publicity Secretary;
12th plaintiff- National Legal Adviser;
13th plaintiff- National Welfare Officer;
14th plaintiff- Deputy National Treasurer;
15th plaintiff- Deputy Financial Secretary;
16th plaintiff- Deputy Financial Secretary;
17th plaintiff- Deputy National Publicity Secretary;
18th plaintiff- Deputy Legal Adviser;
19th plaintiff- Deputy Welfare Secretary;
20th plaintiff- Assistant National Secretary;
21st plaintiff- Assistant National Secretary;
22nd plaintiff- Assistant National Secretary;
23rd plaintiff- Assistant National Secretary;
24th plaintiff- Ex Officio Member;
25th plaintiff- Ex Officio Member;
26th plaintiff- Ex Officio Member;
27th plaintiff- Ex Officio Member;
28th plaintiff- Ex Officio Member.

3. A declaration that only the plaintiffs are entitled to be members of the National Executive Committee of the Alliance for Democracy.

4. A declaration that the purported convention held at the Eagle Square in Abuja by the 1st and 2nd defendants and all the other persons they represent in this suit is against the Constitution of the Alliance for Democracy, illegal, null and void.

5. A declaration that the 1st defendant was not eligible to stand election for the position of National Chairman of the Alliance for Democracy or for any other office whatsoever in the Alliance for Democracy.

6. A declaration that the Independent National Electoral Commission has no power to interfere or in any way meddle with the administration or conduct of internal elections in the Alliance for Democracy.

7. An order of injunction restraining the 1st to 2nd defendants and all the other persons they represent in this suit or anyone or more of them whether by themselves or by their agents, servants, followers, privies, or otherwise howsoever, from parading or continuing to parade themselves as National officers of the Alliance for Democracy.

8. An order setting aside any resolutions passed, declarations made or decisions reached at the convention purportedly held at the Eagle Square, Abuja on the 1st of November, 2000.

9. An order of injunction restraining the 3rd defendant, whether by itself or by its officials, servants, agents, privies, or successors in title from presenting, recognizing, countenancing or in any way, holding out the 1st to 2nd defendants and all the other persons they represent in this suit or anyone or more of them as National officers of the Alliance for Democracy.

10. An order of mandatory injunction compelling the 3rd defendant to accept from the plaintiffs, as the duly elected members of the National Executive Committee of the Alliance for Democracy, the list of candidates for election into the various Local Government, State and Federal, executive and legislative offices in Nigeria and to recognize the candidates in the said list as the candidates duly and properly nominated by the Alliance for Democracy to represent the Alliance for Democracy in the forthcoming elections.”

The 1st and 2nd defendants filed a statement of defence whereby they pleaded in paragraphs 30 and 31 respectively as follows:
“30. The 10 reliefs sought in the plaintiffs statement of claim are matters which touch and concern the internal activities of the Party Alliance for Democracy.
31. The 1st and 2nd defendants, therefore, urge this court to refuse all the 10 reliefs sought by the plaintiff and dismiss them for being incompetent, an abuse of the court process and an attempt to erode the fragile democracy of this nation.”