The African Democratic Congress (ADC) has instructed its state chapters and officials nationwide to refrain from accepting court documents on behalf of the party or engaging legal practitioners without the express approval of its National Legal Adviser.
The directive was issued in a statement on Wednesday by the party’s National Publicity Secretary, Bolaji Abdullahi, following reports that court processes involving the ADC were being served on state chapters and that some lawyers had allegedly been hired to represent the party without the knowledge or authorisation of the National Legal Adviser.
According to the statement, such actions violate the party’s constitution and could expose the ADC to legal complications.
“The attention of the African Democratic Congress (ADC) has been drawn to reports that court processes relating to the Party are being served on some State Chapters of the Party and that, in certain instances, legal practitioners have been engaged purportedly on behalf of the Party without the knowledge, consent or authority of the National Legal Adviser,” Abdullahi said.
The party reiterated that only its National Legal Adviser has the constitutional authority to appoint legal practitioners to act on behalf of the ADC in any legal matter.
“For the avoidance of doubt and in accordance with the Constitution of the African Democratic Congress, only the National Legal Adviser of the Party is authorised to issue letters of instruction to any legal practitioner to represent, act for, or take steps on behalf of the Party in any court, tribunal, arbitration, administrative proceeding or other legal process,” the statement added.
The ADC therefore directed all state chapters, executive committee members, officers—particularly State Legal Advisers—as well as party members and representatives, not to receive, acknowledge or retain any court documents served on the party through state offices or officials.
“Accordingly, all State Chapters, Executive Committee Members, Officers especially State Legal Advisers, members and representatives of the Party are hereby directed not to receive, accept, acknowledge, or take custody of any court process purportedly served on the Party at any State Chapter, State Secretariat, local office or through any state officer of the Party,” Abdullahi stated.
The party further reminded its officials that no state chapter or officer has the authority to appoint lawyers, issue legal instructions, file court documents, enter appearances, concede claims, negotiate settlements or represent the party in legal proceedings without written approval from the National Legal Adviser.
“Members and officers of the Party are further reminded that no State Chapter, State Legal Adviser, State Executive Committee member, or any other state-level officer has authority to engage counsel, issue instructions, file processes, enter appearance, concede claims, compromise proceedings, or otherwise represent the legal position of the Party without the express written authority of the National Legal Adviser,” the statement read.
The ADC also maintained that any court process served on a state chapter or official would not be recognised as valid service on the party and directed that all such documents be forwarded immediately to the National Legal Adviser at the party’s National Headquarters in Abuja.
“Consequently, any purported service of court processes on any state chapter or state officer of the Party shall not be treated as a valid service in the African Democratic Congress.
“All such processes must be referred immediately to the National Legal Adviser at the Party’s National Headquarters in Abuja for appropriate action,” the party stated.
Abdullahi added that where a court authorises substituted service, any documents received should be transmitted electronically without delay to the National Legal Adviser.
The party warned that unauthorised engagement of legal practitioners or improper handling of court documents in the ADC’s name could attract disciplinary sanctions under its constitution and other applicable rules.
“The leadership of the Party expects strict compliance with this directive,” the statement concluded, urging all state chapters to circulate the notice to relevant officers and members for immediate compliance.
About The Author
