By Ekuson Nw’Ogbunka, Abuja
The Chairman of the Nigerian Bar Association (NBA) Nyanya/Karu branch in the Federal Capital Territory, Barr Alex Ebi Edim, has described the recent protest by the African Democratic Congress (ADC) at the Independent National Electoral Commission (INEC) headquarters in Abuja as lawful.
Edim emphasized that the right to peaceful assembly is preserved in the Nigerian constitution, and the protest, being non-violent and not threatening the peace and security of the nation, cannot be said to be unlawful. “It was just a civil way of passing a message, and so no legal or moral injury was caused,” Edim said.
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However, Edim questioned INEC’s decision to delist the Senator David Mark-led national executive council of ADC, saying the commission misinterpreted the true meaning of maintaining status quo as contained in the Court of Appeal ruling. “Status quo is a Latin word meaning ‘present state of affairs’ or ‘as it is presently’, meaning no further step or steps must be taken henceforth,” Edim explained.
Edim noted that the question is, what was the state of affairs before the order was granted, and why the court did not make an express order ousting the Senator David Mark-led national executive if that was the intended. “This issue, in my mind, is more political than legal,” Edim said, adding that he would avoid commenting on the pending issues at the Federal High Court in Abuja as it is sub-judicial.
Edim’s comments come as the ADC and INEC are embroiled in a serious battle over the party’s leadership, with the Senator David Mark-led national executive council challenging INEC’s decision to delist them.
