The Court of Appeal in Abuja has upheld a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognizing or participating in any state congresses organized by the African Democratic Congress (ADC) leadership led by former Senate President David Mark.
In the lead judgment, Justice Okon Abang affirmed the decision of the lower court, holding that the party’s elected state chairmen are entitled to complete their four-year tenure as provided under the ADC constitution.
The suit was filed by seven ADC state chairmen on behalf of themselves and other state executives. They argued that the David Mark-led leadership lacked the constitutional authority to organize state congresses or appoint congress committees while the tenure of the elected state executives remained valid.
The plaintiffs asked the court to declare that only duly constituted state executive committees have the power to conduct state congresses and sought an order restraining INEC from recognizing any congress organized by the party’s interim leadership.
In an earlier ruling, Justice Joyce Abdulmalik of the Federal High Court held that the ADC’s elected State Working Committees remain the party’s legitimate officials and are responsible for managing party affairs and conducting state congresses.
Dissatisfied with the judgment, National Chairman David Mark and National Secretary Rauf Aregbesola appealed the decision, urging the appellate court to set it aside.
However, the Court of Appeal dismissed the appeal. Justice Donatus Okorowo held that the case had merit and agreed with the lower court that it was not merely an internal party dispute beyond judicial intervention.
The appellate court also observed that the appellants failed to rely on recent Supreme Court decisions involving the Peoples Democratic Party (PDP), which affirmed that courts can intervene when political parties act contrary to their constitutions.
The court concluded that the elected state chairmen remain the lawful occupants of their offices until the expiration of their tenure and that only the recognized party structures have the constitutional authority to conduct ADC state congresses.
