By Dennis Okechukwu
The Court of Appeal in Abuja has, by a two-to-one majority decision, upheld a Federal High Court 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 the lead judgment delivered by Justice Okon Abang, the three-member appellate panel affirmed the April 29 ruling of the Federal High Court, which barred the caretaker leadership from conducting state congresses and interfering with the tenure of the party’s elected state executive committees.
The court agreed with the lower court that the responsibility for conducting state congresses lies with the party’s duly elected state executive committees, not the national caretaker leadership.
Justices Okon Abang and Donatus Okorowo formed the majority, while the presiding Justice, Abba Mohammed, dissented, holding that the dispute was an internal party matter beyond the jurisdiction of the courts.
The appeal arose from a suit filed by aggrieved ADC members challenging the caretaker committee’s decision to appoint committees to conduct state congresses. The plaintiffs argued that the move violated both the party’s constitution and the 1999 Constitution.
Affirming the lower court’s findings, the appellate court held 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 agreed that the tenure of the party’s elected state executive committees remains valid until properly constituted congresses are held in accordance with the party’s constitution.
Justice Abang held that although courts are generally reluctant to interfere in the internal affairs of political parties, judicial intervention becomes necessary where constitutional or statutory violations are alleged.
The appellate court further ruled that the congresses and national convention conducted by the Mark-led caretaker leadership were null and void because they were held in defiance of an existing court order issued on April 14.
Consequently, the court dismissed the appeal filed by the ADC, upheld all the orders of the Federal High Court, and awarded N10 million in costs against the party.
The majority judgment stressed that judicial intervention was necessary to “prevent anarchy and ensure the survival of democracy,” adding that disputes involving alleged constitutional breaches cannot be dismissed as mere internal party affairs.