Appeal Court Affirms High Court Judgment Barring INEC From Recognising ADC Congresses

The Court of Appeal in Abuja has 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 Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).

A three-member panel of the Court of Appeal on Monday dismissed the appeal filed by the David Mark-led leadership in a split decision of two to one.

The appellate court affirmed the earlier judgment delivered on April 29 by Justice Joyce Abdulmalik, upholding the legal restrictions.

Delivering the lead judgment, Justice Okon Abang ruled that there was no compelling reason to set aside the restraining order previously issued against the Mark-led faction by the Federal High Court.

The Court of Appeal also upheld the order restraining the caretaker leadership from interfering with the tenure and functions of the party’s elected state executives.

The majority judgment held that the responsibility for conducting state congresses rests with the elected state executive committees and not with the national caretaker leadership.

Justices Okon Abang and Donatus Okorowo agreed that INEC should not recognise the outcome of congresses organised by the Mark-led leadership, while the presiding justice, Abba Mohammed, dissented.

In his minority judgment, Justice Mohammed held that the dispute was an internal affair of a political party and that the Federal High Court ought not to have assumed jurisdiction over the matter.

The suit was filed by seven aggrieved ADC members, including Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr. Charles Idowu Omideji, Samuel Pam Gyang and Obianyo Patrick, who sued on behalf of the party’s state chairmen and state executive committees.

The plaintiffs challenged the decision of the David Mark-led caretaker leadership to appoint committees to conduct state congresses, arguing that only duly elected party organs have the constitutional authority to organise such congresses.

In its judgment, the appellate court agreed with the trial court that the tenure of the ADC’s State Working Committees and State Executive Committees remains valid until properly constituted congresses and a national convention are held.

The court also held that the congresses and national convention organised by the David Mark-led leadership were null and void because they were conducted in violation of an earlier court order issued on April 14.

Justice Abang said the appellate court had a duty to intervene to “prevent anarchy and ensure the survival of democracy in Nigeria.”

He added, “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 dismissed the appeal for lacking merit and awarded a cost of ₦10 million against the ADC.

Reacting to the judgment, the party’s National Welfare Secretary, Nkem Ukandu, said it would challenge the decision at the Supreme Court.