The African Democratic Congress (ADC) has directed all its state chapters and officials to desist from acknowledging court processes served on the party through state offices, insisting that all legal matters involving the party must be handled exclusively by the National Legal Adviser at its national headquarters in Abuja.
The party also warned that no state chapter, state legal adviser, state executive committee member or any other state-level official has the authority to engage legal practitioners, file court processes, enter appearances or represent the ADC in any legal proceedings without the express written approval of the National Legal Adviser.
In a statement issued on Wednesday, the party’s National Publicity Secretary, Bolaji Abdullahi, said that the directive followed reports that court processes relating to the ADC were being served on some state chapters and that legal practitioners had, in some cases, been engaged on behalf of the party without the knowledge, consent or authorisation of the National Legal Adviser.
Abdullahi stressed that in line with the party’s constitution, only the National Legal Adviser is empowered to issue letters of instruction to legal practitioners to represent, act for or take any legal steps on behalf of the ADC before courts, tribunals, arbitration panels or administrative bodies.
He declared that any court process purportedly served on a state chapter or state officer would not be recognised as valid service on the party.
According to him, all such documents must be forwarded immediately to the National Legal Adviser at the party’s national headquarters in Abuja for appropriate action. Where service is effected through substituted means pursuant to a court order, the affected state chapter is expected to transmit the documents electronically to the National Legal Adviser without delay.
The party also instructed all state chapters, executive committee members, officers particularly state legal advisers as well as members and representatives of the ADC, not to receive, accept, acknowledge or take custody of any court process served on the party through state secretariats, local offices or state officials.
Abdullahi reminded party officials that state chapters have no authority to appoint legal counsel, issue legal instructions, file court processes, enter appearances, concede claims, negotiate settlements or otherwise determine the party’s legal position unless expressly authorised in writing by the National Legal Adviser.
He warned that the leadership of the party expects strict compliance with the directive, adding that any unauthorised engagement of legal practitioners or improper handling of court processes in the party’s name could expose the affected officer or chapter to disciplinary measures in accordance with the ADC Constitution and other applicable rules.
The party also directed all state chapters to circulate the notice to relevant officers and members for immediate compliance.