The Court of Appeal in Abuja has upheld a judgment restraining the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses organised by committees appointed by the David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a two-to-one majority decision, the appellate court ruled that there was no basis to overturn the earlier judgment of the Federal High Court, which barred the Mark-led leadership from conducting state congresses through appointed committees.
Delivering the lead judgment, Justice Okon Abang held that only the party’s duly elected state executive committees have the constitutional authority to organise state congresses, not the national caretaker leadership.
The court also upheld the order restraining the caretaker leadership from interfering with the tenure and responsibilities of the ADC’s elected state executives.
However, Justice Abba Mohammed disagreed with the majority, arguing in his dissenting judgment that the dispute was an internal party matter that should not have been entertained by the court.
The case was filed by several aggrieved ADC members who challenged the caretaker committee’s decision to appoint committees to conduct state congresses.
They argued that the move violated both the 1999 Constitution and the ADC Constitution, insisting that only properly elected party organs have the legal authority to conduct such congresses.
The Court of Appeal agreed with the lower court that the tenure of the party’s elected state executives remains valid until properly conducted congresses are held.
It further ruled that the congresses and national convention organised by the Mark-led caretaker committee were null and void, stating that they were conducted in defiance of an existing court order issued on April 14.
According to the appellate court, judicial intervention became necessary because the case involved alleged constitutional violations rather than merely the internal affairs of a political party.
“Once a complaint before the court is anchored on a constitutional infraction, the shield of internal affairs drops,” Justice Abang stated.
The court consequently dismissed the ADC’s appeal and ordered the party to pay ₦10 million in costs.
The ruling means INEC cannot recognise the outcome of the congresses conducted by the Mark-led caretaker leadership unless the decision is overturned by a higher court.
Source: Court of Appeal.
