Court upholds Federal High Court judgment, declares congresses organised under the party’s caretaker leadership invalid and awards ₦10 million costs against ADC.
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 David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a majority judgment delivered by Justice Okon Abang, with Justice Donatus Okorowo concurring, the appellate court affirmed the earlier ruling of Justice Joyce Abdulmalik, which barred the caretaker leadership from interfering with the tenure and functions of the party’s elected state executives.
The court held that the responsibility for conducting state congresses rests with duly elected state executive committees and not the party’s national caretaker leadership.
Justice Abba Mohammed, however, dissented, maintaining that the dispute was an internal party affair beyond the court’s jurisdiction.
The suit was filed by aggrieved ADC members who challenged the caretaker committee’s decision to appoint committees to conduct state congresses, arguing that the move violated both the party’s constitution and the 1999 Constitution.
Affirming the lower court’s decision, the Court of Appeal ruled that the tenure of the ADC’s elected state executive committees remains valid until properly constituted congresses are conducted.
The court further declared that the congresses and national convention organised by the David Mark-led caretaker committee were null and void, having been conducted in defiance of an existing court order.
Justice Abang stated that once a dispute involves alleged constitutional violations, it ceases to be a mere internal party matter, making judicial intervention necessary to protect democratic principles.
The appeal filed by the ADC was consequently dismissed, with the court awarding ₦10 million in costs against the party.