By Emmanuel Onyedika
The Court of Appeal in Abuja has upheld a Federal High Court judgment stopping the Independent National Electoral Commission (INEC) from recognising or participating in state congresses organised by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a split decision of two to one delivered on Monday, the appellate court dismissed the appeal and affirmed the April 29 judgment of Justice Joyce Abdulmalik, which barred the caretaker leadership from interfering with the duties and tenure of the party’s elected state executive committees.
Delivering the lead judgment, Justice Okon Abang held that only elected state executive committees have the authority to conduct state congresses, not a caretaker national leadership. Justice Donatus Okorowo agreed with the ruling, while the presiding justice, Abba Mohammed, dissented.
The majority decision stated that the case involved constitutional issues and was therefore within the jurisdiction of the Federal High Court. Justice Abang explained: “The court has a duty to intervene in order to protect democracy and prevent disorder. The ADC crisis cannot be dismissed as an internal party matter because it involves constitutional questions.”
The appellate court further ruled that the state congresses and national convention organised by the caretaker committee were invalid, as they were conducted despite an existing court order issued on April 14. A cost of ₦10 million was awarded against the ADC.
In his dissenting judgment, Justice Mohammed maintained that the Federal High Court lacked jurisdiction, arguing that the dispute was purely an internal party matter. He also contended that state executive committees were meant to prepare for congresses, not conduct them.
The case 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, representing ADC state chairmen and executive committees nationwide. They challenged the caretaker committee’s decision to appoint congress committees, insisting it violated both the ADC Constitution and the 1999 Constitution.
Defendants included the ADC, Senator David Mark, Senator Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Prof. Oserheimen Osunbor, sued on behalf of the caretaker/interim national working committee, as well as INEC.
Justice Abdulmalik’s earlier ruling, now affirmed, held that neither the Nigerian Constitution nor the ADC Constitution gave the caretaker committee power to appoint congress committees. She declared that the tenure of the party’s state working and executive committees remained valid until fresh congresses and a national convention are properly conducted.
The ruling is expected to have significant implications for the ADC ahead of the 2027 general elections, raising questions over the validity of congresses and the national convention organised by the David Mark-led caretaker committee, through which several party candidates, including former Vice President Atiku Abubakar, emerged.