By Editor
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 conducted by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a split decision delivered on Monday, a three-member panel of the appellate court, by a majority of two to one, dismissed the appeal filed by the ADC and affirmed the April 29 judgment of the Federal High Court.
Delivering the lead judgment, Justice Okon Abang, with Justice Donatus Okorowo concurring, held that there was no basis to set aside the lower court’s decision, which also restrained the Mark-led caretaker committee from interfering with the tenure and functions of the party’s elected state executive committees.
The appellate court agreed with the trial court that the responsibility for conducting state congresses rests with elected state executives and not with the party’s national caretaker leadership.
“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 held.
Justice Abba Mohammed, however, dissented, holding that the dispute was an internal party matter beyond the jurisdiction of the court and that the trial court ought not to have entertained the suit.
The appeal arose from a judgment delivered by Justice Joyce Abdulmalik of the Federal High Court, who ruled that the tenure of the ADC’s elected State Working Committees and State Executive Committees remained valid until properly constituted congresses and a national convention were held in line with the party’s constitution.
The suit was filed by aggrieved members of the party, who challenged the legality of committees constituted by the David Mark-led caretaker leadership to organise state congresses.
The Court of Appeal further held that the congresses and national convention conducted by the caretaker committee were carried out in violation of an existing court order and were therefore null and void.
The appellate court consequently dismissed the appeal and awarded ₦10 million in costs against the ADC.
Following the judgment, the party, through its National Welfare Secretary, Nkem Ukandu, said it would challenge the decision at the Supreme Court
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