The Court of Appeal in Abuja on Monday affirmed a Federal High Court ruling restraining the Independent National Electoral Commission (INEC) from recognising state congresses conducted by committees set up by the caretaker leadership of the African Democratic Congress (ADC) headed by former Senate President David Mark.
The appellate court, in a majority judgment delivered by a three-member panel, dismissed an appeal seeking to overturn the earlier decision of the Federal High Court and upheld the judgment delivered by Justice Joyce Abdulmalik on April 29.
Justice Okon Abang, who delivered the lead judgment, held that the lower court acted properly in restraining the ADC caretaker committee from organising state congresses through appointed committees.
According to him, the authority to conduct state congresses lies with duly elected state executive committees and not with an interim or caretaker leadership.
Justice Donatus Okorowo concurred with the lead judgment, while the presiding justice, Abba Mohammed, dissented.
In his judgment, Abang rejected the argument that the dispute was purely an internal matter of the political party and therefore beyond the jurisdiction of the courts.
He held that the issues raised by the plaintiffs involved alleged breaches of constitutional provisions, making judicial intervention necessary.
“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,” he stated.
The court further ruled that intervention was required to protect democratic principles and prevent actions capable of creating disorder within the political system.
Relying on recent Supreme Court pronouncements arising from the leadership dispute within the Peoples Democratic Party (PDP), the appellate court held that the ADC case transcended ordinary internal party affairs.
It also agreed with the lower court's finding that the state congresses and national convention conducted by the David Mark-led caretaker committee were invalid because they were held despite a subsisting court order issued on April 14.
The court consequently imposed a cost of N10 million against the ADC.
In his dissenting opinion, Justice Mohammed maintained that the dispute related solely to the internal administration of a political party and should not have been entertained by the Federal High Court.
He argued that the trial court lacked jurisdiction and should have declined to hear the matter.
The presiding justice also held that state executive committees primarily play a role in preparing for congresses and do not necessarily possess exclusive powers to conduct them.
The case originated from a suit filed by Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Olona Yinka, Dr Charles Idowu Omideji, Samuel Pam Gyang and Obianyo Patrick on behalf of ADC state chairmen and state executive committees across the country.
The plaintiffs challenged the decision of the caretaker committee to appoint congress committees, arguing that the action violated both the ADC constitution and the Constitution of the Federal Republic of Nigeria.
They contended that only duly elected party structures possess the legal authority to organise and conduct state congresses.
The defendants in the suit included the ADC, David Mark, Senator Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Prof. Oserheimen Osunbor, who were sued on behalf of the caretaker committee, as well as INEC.
In the judgment upheld by the appellate court, Justice Abdulmalik had ruled that neither the party's constitution nor the 1999 Constitution empowered the caretaker committee to establish committees for the conduct of state congresses.
She further held that the tenure of the ADC's State Executive Committees and State Working Committees remained valid until fresh congresses and a national convention were conducted in accordance with the party's constitution.
The trial judge also dismissed objections challenging the competence of the suit and held that the Federal High Court had jurisdiction because the case involved the statutory responsibilities of INEC.
The appellate court's decision is expected to have major implications for the ADC's internal leadership dispute and could affect the status of congresses, conventions and other party activities conducted under the David Mark-led caretaker committee as preparations for the 2027 general elections gather momentum.
Leave a Reply