Morganable Politics/Elections
The appellate court further ruled that the congresses and national convention organised by the Mark-led caretaker committee were nullities, having been conducted in defiance of a subsisting court order issued on April 14.
kaNo —
The Court of Appeal of Nigeria in Abuja on Monday delivered a split judgment that has intensified the leadership crisis within the African Democratic Congress (ADC), even as former Vice-President Atiku Abubakar and the party insisted that its candidates for the 2027 general election remain unaffected.
In its ruling, the appellate court upheld an earlier decision of the Federal High Court of Nigeria restraining the Independent National Electoral Commission from recognising or participating in congresses organised by committees appointed by the caretaker leadership of the party led by former Senate President David Mark.
The judgment, delivered by Justice Okon Abang and supported by Justice Donatus Okorowo, affirmed that the authority to conduct state congresses resides with elected state executive committees rather than a caretaker national leadership.
Court Nullifies Earlier Congresses
The appellate court further ruled that the congresses and national convention organised by the Mark-led caretaker committee were nullities, having been conducted in defiance of a subsisting court order issued on April 14.
It also awarded N10 million in costs against the ADC.
Justice Abang, who delivered the lead judgment, held that there was no basis to overturn the earlier decision of the lower court, emphasising that constitutional breaches justified judicial intervention even in what might ordinarily be considered internal party matters.
“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,” he stated, adding that such intervention was necessary to prevent anarchy and safeguard Nigeria’s democratic system.
Justice Okorowo concurred with the reasoning and conclusions of the lead judgment, reinforcing the position that the caretaker leadership lacked the authority to appoint committees for state congresses.
However, the presiding Justice, Abba Mohammed, dissented, arguing that the matter fell squarely within the internal affairs of a political party and was therefore non-justiciable.
According to Justice Mohammed, courts should refrain from interfering in party decisions, adding that the role of state executive committees was limited to preparing agendas for congresses rather than conducting them.
He described the actions of the respondents in the case as premature and questioned the legal basis for the lower court’s intervention.
The appellate court’s decision stems from a suit filed by several ADC members, including Don Norman Obinna and others, on behalf of state chairmen and executive committees.
The plaintiffs had challenged the caretaker committee’s decision to appoint congress committees, arguing that it violated both the party’s constitution and the 1999 Constitution of Nigeria.
They contended that only duly elected party organs possess the authority to organise state congresses and that any deviation from this framework undermines internal democracy within the party.
The defendants in the suit included the ADC, David Mark, Patricia Akwashiki, Mallam Bolaji Abdullahi, Rauf Aregbesola, Prof Oserheimen Osunbor, and the Independent National Electoral Commission (INEC).
In the original judgment delivered on April 29, Justice Inyang Ekwo Abdulmalik of the Federal High Court held that neither the Nigerian Constitution nor the ADC’s constitution empowered the caretaker committee to appoint committees to conduct state congresses.
Justice Abdulmalik also dismissed preliminary objections raised by the defendants, ruling that the matter fell within the jurisdiction of the court because it involved the statutory responsibilities of INEC.
ADC Vows To Challenge Ruling In Supreme Court
Despite the setback at the appellate court, the ADC swiftly rejected the ruling, insisting that it would challenge the decision at the Supreme Court.
In a statement issued by its National Publicity Secretary, Mallam Bolaji Abdullahi, the party maintained that the judgment does not affect candidates who emerged through its direct primaries.
“The African Democratic Congress notes the judgment delivered by the Court of Appeal in Abuja on Monday in a matter relating to party congresses for the election of ward, local government and state executive committees of the party,” the statement read.
“We wish to assure members of the party and the general public that this judgment has no effect whatsoever on the direct primaries through which the party’s candidates have emerged at all levels.”
The party described the judgment as legally unsustainable and confirmed that it had already commenced the process of appealing to the Supreme Court. It also pointed to the dissenting opinion of Justice Mohammed as reflecting what it described as the correct position of the law.
The ADC urged its members and supporters to remain calm and focused, dismissing concerns that the ruling could derail its preparations for the 2027 general election.
Atiku Faults Appeal Court Judgement
Similarly, Atiku Abubakar, who is the party’s presidential candidate, rejected claims that the judgment had invalidated the ADC’s primaries or jeopardised its electoral prospects.
Reacting to the ruling, Atiku said the decision was limited strictly to issues surrounding the conduct of party congresses and the tenure of state executive committees, and did not extend to the validity of candidates produced through the party’s direct primary process.
He accused political opponents of misrepresenting the judgment in a bid to weaken the opposition and mislead Nigerians.
According to him, attempts to portray the ruling as the collapse of the ADC’s presidential ticket amount to political propaganda and should be disregarded.
The former vice-president reiterated his confidence in the party’s legal position and expressed optimism that the Supreme Court would ultimately resolve the dispute in favour of the ADC.
The judgment has nonetheless deepened uncertainty within the party, raising concerns about its internal cohesion as the 2027 elections approach.
Analysts say the conflicting interpretations of the ruling by the court and the party leadership could further complicate efforts to stabilise the ADC and present a united front against the ruling party.
Legal experts note that while the court’s decision clearly invalidates the congresses conducted by the caretaker committee, the question of whether such invalidation affects subsequent processes, including primaries, may ultimately be determined by the Supreme Court.
