Appeal Court upholds order restricting INEC from recognising Mark-led ADC congresses
The Court of Appeal sitting in Abuja has affirmed an earlier ruling of the Federal High Court that barred the Independent National Electoral Commission from recognising or taking part in state congresses organised by committees set up by the caretaker leadership of the African Democratic Congress headed by former Senate President, Senator David Mark.
In a majority judgment delivered by a three-member panel on Monday, the appellate court dismissed the ADC’s appeal.
The court also upheld the April 29 decision of Justice Joyce Abdulmalik of the Federal High Court.
The judgment restrained the party’s caretaker leadership from taking actions that would undermine the tenure or responsibilities of its duly elected state executive committees.
Reading the lead judgment, Justice Okon Abang ruled that the appeal lacked merit and affirmed the decision of the lower court. He held that only the ADC’s duly elected state executive committees have the constitutional authority to conduct state congresses, not a caretaker national leadership.
Justice Donatus Okorowo agreed with the majority judgment, while the presiding member of the panel, Justice Abba Mohammed, delivered a dissenting opinion.
The majority held that the dispute raised constitutional issues warranting judicial intervention, rejecting the argument that it was purely an internal affair of the party. Justice Abang stated that where allegations of constitutional violations are involved, the courts are empowered to intervene, adding that such intervention was necessary to prevent anarchy and safeguard Nigeria’s democratic process.
The appellate court further ruled that the congresses and national convention organised by the Mark-led caretaker committee were null and void, having been conducted despite a subsisting restraining order issued by the Federal High Court on April 14. It consequently awarded a cost of N10 million against the ADC.
In his dissenting judgment, Justice Mohammed held that the dispute was a non-justiciable internal party matter and argued that the Federal High Court lacked jurisdiction to entertain the suit. He also maintained that state executive committees were only responsible for preparing the agenda for state congresses rather than conducting them, describing the action instituted by the plaintiffs as premature.
The case stemmed from a suit filed by Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Olona Yinka, Charles Idowu Omideji, Samuel Pam Gyang and Obianyo Patrick on behalf of themselves and all ADC state chairmen and state executive committees.
The plaintiffs challenged the decision of the David Mark-led caretaker committee to appoint committees to conduct state congresses, arguing that the move contravened both the 1999 Constitution and the ADC Constitution. They maintained that only duly elected organs of the party have the constitutional authority to organise state congresses.
Among the defendants in the suit were the ADC, Senator David Mark, Senator Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor, sued on behalf of the Caretaker/Interim National Working Committee, and INEC.
In the judgment affirmed by the appellate court, Justice Abdulmalik held that neither the Constitution nor the ADC Constitution empowered the caretaker committee to appoint committees for the conduct of state congresses. She ruled that the tenure of the party’s State Working Committees and State Executive Committees remained valid pending properly constituted congresses and a national convention.
The trial court also dismissed preliminary objections challenging its jurisdiction and the competence of the suit, holding that the matter involved INEC’s statutory responsibilities and that the plaintiffs had the legal standing to institute the action. It further ruled that allegations of constitutional and statutory breaches removed the dispute from the category of matters considered purely internal affairs of a political party.
