The Court of Appeal in Abuja has upheld the judgment of the Federal High Court stopping the Independent National Electoral Commission from recognising or taking part in any state congresses organised by the African Democratic Congress leadership headed by David Mark.
The ruling followed an appeal filed by the party’s National Chairman, David Mark, and National Secretary, Rauf Aregbesola, who sought to overturn the earlier judgment delivered by the Federal High Court.
The legal dispute began after seven ADC state chairmen, acting on behalf of themselves and other state chairmen and state executive committees, challenged the authority of the party’s national leadership to organise state congresses while the tenure of the elected state executives was still running.
They argued that the party’s constitution gives only the duly elected state executive committees the power to conduct state congresses and manage party affairs at the state level. They also asked the court to stop INEC from recognising any congress organised by the party’s interim leadership.
In its judgment, the Court of Appeal agreed with the decision of the lower court. Justice Okon Abang held that the reliefs granted by the Federal High Court were proper and ruled that the elected state chairmen are entitled to complete their four-year tenure in line with the ADC constitution.
Another member of the panel, Justice Donatus Okorowo, also found no merit in the appeal and supported the decision of the Federal High Court.
The appellate court rejected the argument that the matter was purely an internal party issue beyond the court’s jurisdiction. It held that the courts can intervene where a political party fails to follow its own constitution.
The court also noted that the appellants failed to rely on recent Supreme Court decisions involving similar disputes within the Peoples Democratic Party, where the apex court recognised the power of the courts to determine cases arising from violations of party constitutions.
According to the court, the ADC state chairmen were right to approach the Federal High Court because the party’s internal dispute resolution process could not provide a fair outcome when those controlling the party leadership were directly involved in the dispute.
The appellate court concluded that the elected state chairmen remain the lawful officials of the party at the state level until the expiration of their tenure. It also ruled that only the recognised state party structures have the authority to organise and conduct state congresses in accordance with the ADC constitution.