The Court of Appeal in Abuja has upheld the judgment of the Federal High Court restraining the Independent National Electoral Commission (INEC) from recognising the African Democratic Congress (ADC) state congresses, dismissing an appeal filed by the party, Senator David Mark, and Rauf Aregbesola.
In a split decision of two justices to one delivered on Monday, the appellate court also awarded ₦10 million in costs against the appellants in favour of the ADC state chairmen, holding that the party’s constitution was breached in the attempt to dissolve the State Working Committees (SWCs) before the expiration of their four-year tenure.
The majority judgment was delivered by Justices Okon Abang and Donatus Okorowo, while the Presiding Justice, Abba Bello Mohammed, delivered a dissenting judgment.
The majority held that the Federal High Court rightly assumed jurisdiction because the dispute involved alleged breaches of the ADC Constitution and Section 223 of the 1999 Constitution, rather than being solely an internal party matter.
According to the court, allowing the dissolution of the State Working Committees in violation of the party’s constitution could undermine internal democracy and create instability within the party.
In his dissenting judgment, Justice Mohammed held that the election and removal of party officers are internal affairs of the party. He also ruled that most of the plaintiffs failed to establish the legal standing required to institute the suit.
The appeal challenged the judgment of Justice Joyce Abdulmalik of the Federal High Court, Abuja, which restrained the David Mark-led leadership from dissolving the ADC State Working Committees before the expiration of their tenure.
The suit was filed by Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr. Charles Idowu Omideji, Samuel Pam Gyang, and Obianyo Patrick, who sued on behalf of all ADC State Chairmen and State Executive Committees.
The plaintiffs argued that the party’s Caretaker/Interim National Working Committee lacked constitutional authority to appoint committees to conduct state congresses or dissolve duly elected state executives.
They relied on Section 223 of the 1999 Constitution, Article 17 of the ADC Constitution, and a Final Mediation Report dated December 23, 2023, arguing that the tenure of the State Working Committees remained valid pending the conduct of properly constituted state congresses and a national convention.
Justice Abdulmalik had earlier nullified the plan by the David Mark-led leadership to dissolve the State Working Committees, prompting the appeal.
With the Court of Appeal’s majority judgment dismissing the appeal, the Federal High Court’s order restraining INEC from recognising the ADC state congresses and preventing the dissolution of the party’s State Working Committees remains in force.
