Felicia Asuquo,Abuja.
The Court of Appeal in Abuja has affirmed a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses conducted by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC), a development that could cast uncertainty over the party’s candidate selection process ahead of the 2027 general elections.
In a split two-to-one judgment delivered on Monday, a three-member panel of the appellate court upheld the earlier decision of the Federal High Court, which barred the Mark-led caretaker committee from interfering with the tenure and functions of the party’s duly elected state executive committees.
Justice Okon Abang, who delivered the lead judgment, held that there was no reason to set aside the lower court’s ruling, stressing that the authority to conduct state congresses rests solely with elected state executive committees and not with the party’s national caretaker leadership.
Justice Donatus Okorowo concurred with the majority decision, while Justice Abba Mohammed dissented, arguing that the matter was an internal affair of the political party and therefore not justiciable.
The appellate court further ruled that the congresses and national convention organised by the David Mark-led caretaker committee were conducted in violation of a subsisting court order issued on April 14 and were therefore null and void.
The judgment is expected to have far-reaching implications for the ADC’s preparations for the 2027 elections, as it could affect the validity of candidates, including former Vice President Atiku Abubakar and others believed to have emerged through processes conducted by the Mark-led leadership.
The dispute originated from a suit filed by aggrieved members of the ADC, who challenged the caretaker committee’s decision to appoint committees to conduct state congresses.
The plaintiffs argued that such appointments violated both the ADC Constitution and the provisions of the 1999 Constitution.
In its earlier ruling, the Federal High Court held that the tenure of the party’s State Working Committees and State Executive Committees remained valid and subsisting until properly constituted congresses and a national convention are conducted in accordance with the party’s constitution.
Justice Joyce Abdulmalik 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, insisting that only duly elected party structures possess such authority.
The Court of Appeal agreed with the trial court, holding that judicial intervention was necessary because the dispute involved constitutional issues rather than merely the internal affairs of a political party.
Justice Abang, in the majority judgment, cited a recent Supreme Court decision involving the Peoples Democratic Party (PDP), noting that where constitutional violations are alleged, the courts have a duty to intervene.
Consequently, the appellate court dismissed the appeal filed by the ADC, upheld the restraining order against the Mark-led caretaker leadership, and awarded ₦10 million in costs against the party.
Reacting to the judgment, the ADC, through its National Welfare Secretary, Mr. Nkem Ukandu, announced that the party would challenge the decision at the Supreme Court.
