The Court of Appeal in Abuja, in a split two-to-one judgment on Monday, upheld a Federal High Court order stopping the Independent National Electoral Commission (INEC) from recognising or taking part in state congresses organised by committees set up by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).
Justice Okon Abang, who delivered the lead judgment, said there was no reason to overturn the order issued by Justice Joyce Abdulmalik on April 29. The court also upheld the ruling stopping the Mark-led executives from interfering with the duties and tenure of the party’s elected state executives.
The appellate court agreed that only elected state executive committees, not the party’s national leadership, have the power to conduct state congresses. Justices Abang and Donatus Okorowo formed the majority, while Justice Abba Mohammed dissented, saying the dispute was an internal party matter the court should not have handled.
The ruling could affect the presidential ambition of former Vice President Atiku Abubakar and other candidates who emerged from the national congress organised by the Mark-led ADC ahead of the 2027 general elections.
The High Court had earlier ruled that the tenure of the ADC’s State Working Committees and State Executive Committees remained valid until properly conducted congresses and a national convention are held. The suit was filed by Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr. Charles Idowu Omideji, Samuel Pam Gyang and Obianyo Patrick against the ADC, Senator David Mark, Senator Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Prof. Oserheimen Osunbor and INEC.
Justice Abdulmalik ruled that neither the 1999 Constitution nor the ADC Constitution gave the Mark-led caretaker committee the power to appoint committees to conduct state congresses. She held that only elected party structures could organise them and nullified every process started by the caretaker leadership.
The Court of Appeal said it had a duty to intervene to “prevent anarchy and ensure the survival of democracy in Nigeria.” It added: “Once a complaint before the court is anchored on a constitutional infraction, the shield of internal affairs drops and the veil is lifted for judicial intervention,” before dismissing the appeal, declaring the congresses and national convention a nullity, awarding N10 million costs against the ADC, and noting the party’s decision to challenge the judgment at the Supreme Court.
