The Court of Appeal in Abuja on Monday upheld a Federal High Court ruling restraining the Independent National Electoral Commission from recognising state congresses conducted by committees constituted by the caretaker leadership of the African Democratic Congress led by former Senate President, Senator David Mark.
The appellate court reached the decision in a two-to-one majority judgment, dismissing the appeal filed by the ADC and affirming the earlier order issued by Justice Joyce Abdulmalik of the Federal High Court.
In the lead judgment delivered by Justice Okon Abang and supported by Justice Donatus Okorowo, the court held that the lower court was right to restrain the party's caretaker leadership from organising state congresses through committees it appointed.
The court ruled that, under the law and the party's constitution, only duly elected state executive committees possess the authority to conduct state congresses, rejecting the argument that the national caretaker committee could assume such responsibility.
Justice Abba Mohammed, however, dissented, holding that the dispute was an internal party matter beyond the jurisdiction of the courts. He maintained that the Federal High Court ought not to have entertained the suit.
The appellate court also affirmed the trial court's decision that the tenure of the ADC's State Working Committees and State Executive Committees remains valid until fresh congresses and a national convention are conducted in accordance with the party's constitution.
The suit was instituted by aggrieved members of the party, who challenged the caretaker committee's appointment of congress committees, insisting that the move violated both the ADC Constitution and the provisions of the 1999 Constitution.
Justice Abdulmalik had held that although courts are generally reluctant to interfere in the affairs of political parties, they are empowered to intervene where constitutional or statutory violations are alleged.
The appellate court further held that the congresses and national convention organised by the Mark-led leadership were conducted in defiance of an existing court order and, as such, could not stand in law.
Consequently, the appeal was dismissed, with the court awarding N10 million in costs against the ADC.
The judgment is expected to have significant implications for the party's internal leadership crisis and could affect candidates who emerged from processes conducted by the Mark-led caretaker leadership ahead of the 2027 general elections.
Reacting to the verdict, the party's National Welfare Secretary, Nkem Ukandu, said the ADC would challenge the judgment at the Supreme Court.
0 Comments