Adedokun Waliyu 
The Court of Appeal in Abuja has affirmed a 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 split decision of two to one, the three-member panel upheld the earlier ruling of the Federal High Court, Abuja, which restrained the Mark-led leadership from conducting state congresses and interfering with the tenure and functions of the party’s elected state executives.
Delivering the lead judgment, Justice Okon Abang held that there was no reason to set aside the restraining order issued by the Federal High Court on April 29. He ruled that the responsibility for conducting state congresses rests with the party’s duly elected state executive committees and not with the national caretaker leadership.
Justice Donatus Okorowo agreed with the majority decision. However, Justice Abba Mohammed dissented, maintaining that the dispute concerned the internal affairs of a political party and was therefore not a matter for judicial intervention. He held that the trial court lacked jurisdiction to hear the case.
The case originated from a suit filed by aggrieved members of the ADC, who challenged the decision of the David Mark-led caretaker committee to appoint committees to conduct state congresses. The plaintiffs argued that the move violated the party’s constitution, insisting that only duly elected party organs have the authority to organise such congresses.
The Federal High Court had earlier ruled that the four-year tenure of the ADC’s State Working Committees and State Executive Committees remained valid until properly conducted congresses and a national convention were held. The court also held that neither the 1999 Constitution nor the ADC Constitution empowered the caretaker committee to appoint committees for the purpose of conducting state congresses.
According to the court, although judges generally avoid interfering in the internal affairs of political parties, intervention becomes necessary where there is an alleged violation of constitutional or statutory provisions.
The appellate court agreed with this position, stating that once a complaint is based on a constitutional breach, it ceases to be a purely internal party matter and becomes subject to judicial review.
The court further held that the congresses and national convention conducted by the David Mark-led caretaker leadership were null and void because they were carried out in defiance of an existing court order issued on April 14.
Consequently, the Court of Appeal dismissed the ADC’s appeal seeking to overturn the Federal High Court’s judgment and awarded ₦10 million in costs against the party.
