The Court of Appeal in Abuja has affirmed a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising state congresses conducted by committees appointed by the David Mark-led caretaker leadership of the Africa Democratic Congress (ADC).
In a split decision of two to one, the three-member panel affirmed the earlier ruling of the Federal High Court, declaring that the congresses organised under the caretaker committee violated an existing court order.
Justice Okon Abang, who delivered the lead judgment, ruled that there was no basis to set aside the restraining order issued by Justice Joyce Abdulmalik on April 29.
The appellate court also upheld the lower court’s decision barring the caretaker leadership from interfering with the functions and tenure of the party’s duly elected state executive committees.
According to the court, the ADC Constitution vests the responsibility for conducting state congresses in the elected state executive committees, not the national caretaker leadership.
Justice Donatus Okorowo concurred with the lead judgment, while Justice Abba Mohammed dissented, arguing that the matter was an internal affair of the political party and therefore outside the jurisdiction of the courts.
The suit was filed by aggrieved members of the ADC, who challenged the legality of committees established by the David Mark-led caretaker leadership to conduct state congresses.
They argued that the appointments breached the party’s constitution, insisting that only duly elected party organs had the authority to organise state congresses.
In its earlier ruling, the Federal High Court held that the four-year tenure of the ADC’s State Working Committees and State Executive Committees remained valid until fresh congresses and a national convention were properly conducted.
Justice Abdulmalik further ruled that neither the 1999 Constitution nor the ADC Constitution empowered the caretaker committee to appoint committees to conduct state congresses.
While noting that courts generally refrain from interfering in the internal affairs of political parties, the judge held that judicial intervention is justified where constitutional or statutory provisions are alleged to have been breached.
Affirming the lower court’s decision, the Court of Appeal declared the state congresses and national convention conducted by the David Mark-led caretaker leadership null and void for being carried out in defiance of an existing court order.
The appellate court stressed that once a dispute raises constitutional issues, it ceases to be merely an internal party matter and becomes subject to judicial review.
Consequently, the court dismissed the ADC’s appeal, upheld all the orders of the Federal High Court, and awarded ₦10 million in costs against the party.
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