The Court of Appeal in Abuja has upheld a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising state congresses conducted by committees appointed by the David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a majority decision of two to one, the three-member appellate panel affirmed the earlier ruling of the Federal High Court, holding that the congresses organised under the caretaker committee were conducted in violation of an existing court order.
Justice Okon Abang, who delivered the lead judgment, held that there was no basis to overturn the restraining order issued by Justice Joyce Abdulmalik on April 29.
The appellate court also affirmed the lower court’s decision preventing the caretaker leadership from interfering with the functions and tenure of the party’s duly elected state executive committees.
The court ruled that, under the party’s constitution, the responsibility for conducting state congresses rests with elected state executive committees and not the national caretaker leadership.
Justice Donatus Okorowo agreed with the lead judgment, while Justice Abba Mohammed dissented, maintaining that the dispute was an internal affair of the political party and therefore outside the jurisdiction of the court.
The case originated from a suit filed by several aggrieved members of the ADC, who challenged the legality of committees established by the David Mark-led caretaker committee to conduct state congresses.
The plaintiffs argued that the appointments violated the party’s constitution and maintained that only duly elected party organs possessed the authority to organise congresses at the state level.
In its earlier judgment, the Federal High Court held that the four-year tenure of the ADC’s State Working Committees and State Executive Committees remained valid until properly constituted congresses and a national convention were conducted.
Justice Abdulmalik ruled that neither the 1999 Constitution nor the ADC Constitution empowered the caretaker committee to appoint committees for the purpose of conducting state congresses.
The court further held that although courts generally avoid interfering in the internal affairs of political parties, judicial intervention becomes necessary where constitutional or statutory provisions are allegedly breached.
Affirming the lower court’s decision, the Court of Appeal held that the congresses and national convention conducted by the Mark-led caretaker leadership were null and void, having been carried out in defiance of an existing court order.
The appellate court stressed that where a dispute raises constitutional questions, it ceases to be a mere internal party affair and becomes subject to judicial determination.
Consequently, the court dismissed the appeal filed by the ADC, upheld all the orders of the Federal High Court and awarded a cost of ₦10 million against the party.
