By Myke Uzendu, Abuja
The African Democratic Congress (ADC) has directed all its state chapters and officials across the country to immediately forward any court processes served on the party to its National Legal Adviser, warning that no state chapter or official is authorised to receive legal documents or engage lawyers on behalf of the party without prior approval from the national headquarters.
The directive was contained in a public notice issued on Wednesday and signed by the party’s National Publicity Secretary, Hon. Bolaji Abdullahi.
The party said the decision became necessary following reports that court processes involving the ADC were being served on some state chapters and that, in certain instances, legal practitioners had been engaged purportedly on behalf of the party without the knowledge or approval of the National Legal Adviser.
According to the statement, the ADC Constitution vests the authority to issue instructions to legal practitioners solely in the office of the National Legal Adviser.
It explained that only the National Legal Adviser is empowered to engage counsel, represent the party or authorise legal action in any court, tribunal, arbitration or administrative proceeding.
The party therefore directed all state chapters, executive committee members, state legal advisers and other officers not to receive, acknowledge or take custody of any court process purportedly served on the party at state secretariats, local offices or through state officials.
The notice further warned that no state chapter, state legal adviser or state executive member has the authority to engage legal practitioners, file court processes, enter appearances, concede claims, negotiate settlements or otherwise represent the legal position of the party without the express written approval of the National Legal Adviser.
The ADC stated that any court process served on a state chapter or official would not be regarded as valid service on the party, adding that such documents must be transmitted immediately to the National Legal Adviser at the party’s national headquarters in Abuja for appropriate action.
It also directed that where court processes are served through substituted means pursuant to a court order, copies should be forwarded electronically to the National Legal Adviser without delay.
The party warned that any unauthorised handling of litigation or engagement of legal practitioners in its name could attract disciplinary action in accordance with the provisions of its constitution and other applicable rules.
The national leadership also instructed all state chapters to circulate the directive among party officers and members for immediate compliance.
