BREAKING: Appeal Court Affirms Order Restricting INEC from Recognising David Mark-Led 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 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 split decision delivered on Monday, two members of the three-man panel affirmed the earlier ruling of the Federal High Court, while the presiding justice dissented.
Justice Okon Abang, who delivered the lead judgment, ruled that there was no legal basis to overturn the lower court’s decision, maintaining that only duly elected state executive committees of the ADC have the authority to conduct state congresses.
According to him, the dispute went beyond the internal affairs of the party because it involved alleged constitutional violations.
“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,” Justice Abang stated.
The appellate court further held that judicial intervention was necessary to safeguard Nigeria’s democratic process.
“The intervention of the court is necessary to prevent anarchy and ensure the survival of democracy in Nigeria,” the court ruled.
Justice Donatus Okorowo agreed with the lead judgment, forming the majority decision, while the presiding Justice, Abba Mohammed, dissented.
Justice Mohammed argued that the matter was an internal political party dispute and therefore outside the jurisdiction of the courts. He maintained that the Federal High Court should not have entertained the case.
The appeal arose from a suit filed by several ADC state chairmen and executive committee members, who challenged the caretaker committee’s decision to appoint committees to conduct state congresses. They argued that the action violated both the ADC Constitution and the 1999 Constitution, insisting that only elected party organs possess the authority to organise such congresses.
The respondents in the case included the ADC, Senator David Mark, Senator Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Prof. Oserheimen Osunbor, who were sued on behalf of the party’s Caretaker/Interim National Working Committee, as well as INEC.
The Court of Appeal also upheld the Federal High Court’s finding that the congresses and national convention conducted by the David Mark-led caretaker committee were carried out in defiance of an earlier court order issued on April 14, rendering them invalid. The court subsequently awarded ₦10 million in costs against the ADC.
The judgment is expected to have significant implications for the ADC’s preparations for the 2027 general elections, as it raises legal questions over the validity of the congresses, national convention, and the emergence of candidates produced under the David Mark-led caretaker leadership, including the party’s presidential candidate, Atiku Abubakar.
