The Court of Appeal in Abuja has upheld a Federal High Court ruling restraining the Independent National Electoral Commission (INEC) from recognising state congresses organised by committees appointed by the caretaker leadership of the African Democratic Congress (ADC) led by David Mark.
In a split 2-1 decision delivered on Monday, the appellate court affirmed the earlier judgement issued by the Federal High Court on April 29, maintaining that the restraining order against the Mark-led leadership remains valid.
Delivering the majority judgment, Justice Okon Abang upheld the ruling of Justice Joyce Abdulmalik, which barred the caretaker leadership from interfering with the tenure and responsibilities of the party’s duly elected state executive committees.
The court held that the responsibility for conducting state congresses rests with the elected state executive committees of political parties and not with the national caretaker leadership.
However, the presiding justice of the panel, Justice Abba Mohammed, disagreed with the majority decision. In his dissenting judgment, he argued that the dispute concerned the internal affairs of a political party and was therefore not a matter the court should adjudicate.
The ruling could have significant implications for the political future of candidates who emerged from the national congress conducted by the David Mark-led faction of the ADC, including former Vice President Atiku Abubakar, ahead of the 2027 general elections.
The dispute originated from a suit filed by several aggrieved members of the ADC, who challenged the caretaker committee’s decision to appoint committees to conduct state congresses.
The plaintiffs argued that the planned congresses violated the party’s constitution, insisting that only constitutionally recognised and democratically elected party organs have the authority to organise such exercises.
In affirming the lower court’s decision, the Court of Appeal stated that judicial intervention was necessary to prevent constitutional violations and protect democratic principles.
The court further held that once a dispute involves alleged breaches of constitutional provisions, it ceases to be merely an internal party matter and becomes subject to judicial review.
Consequently, the appellate court dismissed the appeal filed by the ADC, thereby leaving the Federal High Court’s restraining order in force.
The earlier judgement had ruled that neither the Nigerian Constitution nor the ADC constitution empowers a caretaker or interim National Working Committee to appoint committees for the conduct of state congresses.
The court also reaffirmed that both the Constitution and the party’s internal rules require political parties to conduct elections in line with democratic principles and recognised procedures.
