Muhammed Abubakar, Reporting
IN a fractured ruling delivered today, the Court of Appeal in Abuja has upheld a lower court’s decision 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.
The three-member panel delivered a majority verdict of two-to-one, with Justice Okon Abang leading the charge in dismissing the appeal lodged by the ADC. The court affirmed that congresses and the national convention conducted by the Mark-led faction amounted to a nullity, having been held in defiance of a subsisting order issued by the Federal High Court on April 14.
Majority Ruling
In his lead judgment, Justice Abang, supported by Justice Donatus Okorowo, found no grounds to overturn the restraining order that trial Justice Joyce Abdulmalik had granted against the Mark-led ADC on April 29.
The appellate court further upheld Justice Abdulmalik’s ruling that restrained the Mark-led executives from interfering with the tenure and functions of the party’s duly elected state executives. Crucially, the court concurred that responsibility for conducting state congresses rests with elected state executive committees, not with national leadership.
Justice Abang emphasised that “once a complaint before the court is anchored on a constitutional infraction, the shield of internal affairs drops and the veil is lifted for judicial intervention.”
The court cited a recent Supreme Court judgment concerning the leadership crisis within the Peoples Democratic Party to support its position that the ADC case could not be dismissed as a mere domestic affair of a political party.
Dissenting Voice
In a minority decision, the panel’s head, Justice Abba Mohammed, dissented sharply, holding that the case bordered on a non-justiciable internal affair of a political party. He maintained that the trial court had been wrong to assume jurisdiction to entertain the matter.
Background to the Dispute
The legal battle stems from a suit filed by aggrieved ADC members, including Don Norman Obinna, Johnny Tovie Derek, and Obah C. Ehigiator, who sued on behalf of themselves and all state chairmen and executive committees of the ADC.
The defendants included the ADC, Senator Mark and Patricia Akwashiki, as well as Bolaji Abdullahi, Rauf Aregbesola, and Oserheimen Osunbor (sued on behalf of the Caretaker/Interim National Working Committee), alongside INEC.
The plaintiffs challenged the validity of appointments made by the Mark-led caretaker committee, arguing that planned state congresses slated for April 2026 would constitute a gross violation of the party’s constitution if conducted under the supervision of the said caretaker committee.
High Court’s Reasoning
Justice Abdulmalik had earlier held that neither the 1999 Constitution, as amended, nor the ADC Constitution empowered the caretaker interim National Working Committee led by Senator Mark to appoint committees for conducting state congresses.
She stressed that Section 223 of the 1999 Constitution mandates political parties to conduct periodic elections based on democratic principles, while Article 23 of the ADC Constitution provides that national and state officers shall hold office for a maximum of two terms spanning eight years.
Although courts are generally reluctant to interfere in political parties’ domestic affairs, Justice Abdulmalik noted they intervene where there is a clear allegation of constitutional or statutory violations.
The trial court also dismissed the defendants’ preliminary objection challenging the suit’s competence and the court’s jurisdiction, holding that the subject matter pertained to INEC’s affairs and therefore fell within the Federal High Court’s jurisdiction under Section 251 of the 1999 Constitution.
Cost Awarded
Having resolved the case against the ADC, the appellate court awarded costs of N10 million against the party.
The ruling effectively validates the position that only duly elected party organs possess the authority to conduct congresses, dealing a significant blow to the Mark-led caretaker leadership’s ambitions to oversee party restructuring.
