The Court of Appeal has upheld a Federal High Court order restraining the Independent National Electoral Commission (INEC) from recognising or participating in state congresses organised by committees appointed by the caretaker leadership of the African Democratic Congress (ADC) headed by former Senate President David Mark.
In a majority decision delivered on Monday, two members of a three-man panel affirmed the earlier ruling of the Federal High Court, while one justice dissented.
Justice Okon Abang, who delivered the lead judgment, held that there was no basis to overturn the decision of the lower court, which restrained the Mark-led caretaker committee from conducting state congresses or interfering with the party’s elected state executives.
Justice Donatus Okorowo agreed with the decision, while Justice Abba Mohammed dissented, arguing that the dispute was an internal party matter that the courts lacked jurisdiction to determine.
Court Upholds State Executives’ Authority
The appellate court agreed with the trial court that only duly elected state executive committees have the constitutional authority to conduct state congresses, not committees appointed by the party’s national caretaker leadership.
It also upheld the lower court’s order preserving the tenure of the ADC’s elected State Executive Committees pending the conduct of valid congresses and a properly constituted national convention.
According to the court, allowing the caretaker committee to organise state congresses would violate the party’s constitution.
Suit Filed by Aggrieved Members
The case arose from a suit filed by seven members of the ADC, who challenged the decision of the Mark-led caretaker committee to appoint committees to conduct state congresses.
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The plaintiffs argued that the party’s constitution vested the power to organise congresses in the elected state executive committees and not in an interim national leadership.
Among those listed as defendants were the ADC, David Mark, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor and INEC.
Appeal Court Rejects Internal Affairs Argument
The appellate court also dismissed the argument that the dispute was purely an internal affair of the party.
Justice Abang held that once allegations involve constitutional or statutory violations, the courts have the authority to intervene.
He cited previous Supreme Court decisions to support the position that political party disputes involving constitutional breaches are justiciable.
The court also held that the congresses and national convention organised by the Mark-led caretaker leadership were conducted in violation of an existing court order issued on April 14 and were therefore invalid.
ADC Heads to Supreme Court
The Court of Appeal dismissed the appeal filed by the ADC and awarded N10 million in costs against the party.
Reacting to the judgment, the party said it would challenge the decision at the Supreme Court.
Rafiyat Sadiq is a political, justice, and human rights reporter with Pinnacle Daily, known for fearless reporting and impactful storytelling. At Pinnacle Daily, she brings clarity and depth to issues shaping governance, democracy, and the protection of citizens’ rights.