Politics
Appeal Court upholds judgment barring INEC from recognising ADC state congresses
Appeal Court upholds judgment barring INEC from recognising ADC state congresses
The Court of Appeal 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 David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a 2-1 majority decision delivered in Abuja on Monday, a three-member panel of the appellate court dismissed the appeal challenging the earlier judgment, affirming that the Federal High Court acted within the law when it issued the restraining orders.
The lead judgment, delivered by Justice Okon Abang and supported by Justice Donatus Okorowo, held that the appeal lacked merit and reaffirmed the validity of the lower court’s ruling. However, Justice Abba Mohammed dissented, maintaining that the dispute was an internal affair of the political party and therefore outside the jurisdiction of the court.
The legal battle stemmed from a suit filed by seven aggrieved members of the ADC, including elected state chairmen and officials, who challenged the dissolution of the party’s state executive committees and the appointment of caretaker committees to organise state congresses.
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The plaintiffs argued that the David Mark-led caretaker committee lacked the constitutional authority under the ADC Constitution to dissolve elected state executives or appoint committees to conduct state congresses.
They also contended that the actions of the caretaker leadership violated the party’s constitution and sought an order preventing INEC from recognising any congresses conducted by the appointed committees.
In its judgment, the Court of Appeal agreed that the issues raised went beyond an ordinary internal party disagreement because they involved the constitutional responsibilities of INEC under Nigeria’s electoral framework.
The appellate court ruled that where allegations involve breaches of constitutional provisions and statutory obligations imposed on the electoral commission, the courts have jurisdiction to determine such disputes.
The judgment affirmed the earlier decision of the Federal High Court, which restrained INEC from recognising, monitoring or participating in any ADC state congresses organised by committees appointed by the caretaker leadership pending the resolution of the substantive issues.
The court also upheld the lower court’s order preserving the tenure of the party’s elected state executive committees, declaring that their four-year mandate remains valid until lawfully terminated in accordance with the party’s constitution.
Additionally, the appellate court restrained the caretaker leadership from interfering with the functions of the elected state executives pending the determination of the substantive suit.
In the minority judgment, Justice Abba Mohammed argued that the matter was purely an internal affair of the political party and should not have been entertained by the Federal High Court.
However, the majority judgment prevailed, meaning the orders of the trial court remain binding unless overturned by the Supreme Court.
The Court of Appeal also awarded ₦10 million in costs against the appellant in favour of the respondents.
The ruling represents another significant development in the leadership crisis within the African Democratic Congress, a party that has recently attracted national attention following the emergence of a coalition of opposition politicians ahead of the 2027 general elections.
Legal experts say the judgment reinforces the principle that while political parties enjoy internal autonomy, their activities remain subject to judicial scrutiny whenever constitutional provisions, electoral laws or the statutory responsibilities of INEC are involved.
The decision also means that INEC cannot lawfully recognise or act on the outcome of any disputed ADC state congresses conducted by committees appointed by the David Mark-led caretaker leadership until the legal issues are finally resolved.
Observers believe the judgment could influence the party’s preparations for future congresses, conventions and candidate selection processes as political realignments continue ahead of the next general elections.
Appeal Court upholds judgment barring INEC from recognising ADC state congresses
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Politics
2027: Atiku Pledges $100bn Start-up Fund, Slams Tinubu Over Cost-of-Living Crisis
Politics
‘Tinubu is a lion with horns’ — Donald Duke warns opposition ahead of 2027
‘Tinubu is a lion with horns’ — Donald Duke warns opposition ahead of 2027
Peoples Redemption Party (PRP) presidential candidate Donald Duke has urged Nigeria’s opposition parties to put aside personal ambitions and unite ahead of the 2027 presidential election, warning that President Bola Tinubu is too experienced and politically formidable to be underestimated.
Duke, a former Cross River State governor, said opposition parties would struggle to defeat the incumbent if they continue to pursue separate interests rather than building a coordinated political alliance.
He made the remarks during an interview with Symfoni, where he discussed the prospects of the opposition and the challenges of confronting the ruling All Progressives Congress (APC) in the 2027 election.
Duke argued that opposition politicians must first recognise the structural advantage that comes with occupying the presidency.
According to him, the incumbent has access to government institutions and machinery that gives the ruling party a significant advantage during elections.
“Even if the APC did nothing, they’re the party in power. If there’s a problem on that day, the IG of Police will not go to any of the contestants. He’ll go to the president.
“So everything is skewed in favour of the incumbent. Respect that,” Duke said.
The PRP candidate said opposition politicians must therefore work together if they hope to mount a serious challenge against Tinubu.
He warned that allowing individual presidential ambitions and political differences to dominate the opposition camp could result in the votes of anti-APC supporters being divided among several candidates.
“The only way you can seriously tackle the incumbent is to come together and have the force. Otherwise, you’ll be factionalised,” he said.
Duke also blamed what he described as political ego for some of the divisions within the opposition.
He argued that opposition politicians could end up undermining themselves by refusing to make the compromises necessary to build a common political platform.
“So when you talk of rigging, I think we are rigging it against ourselves because of our ego. We need to come together,” he said.
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The former governor also issued a warning against underestimating Tinubu’s political experience and ability to navigate Nigeria’s electoral landscape.
“Bola Tinubu is not an average politician. You don’t go to fight a lion who also has horns,” Duke said.
Explaining the analogy, he argued that an already powerful political opponent would become even more difficult to defeat if the opposition approached the contest without adequate preparation and unity.
“Can you imagine a lion with a horn? It’s already a dangerous animal. Then you now give it a horn and you say go and fight it with knife and fork. You’ll be the dinner. So, let’s get real,” he added.
Duke’s comments come amid growing efforts by opposition politicians and parties to explore the possibility of forming a coalition ahead of the 2027 general election.
Several prominent opposition figures have held consultations over a possible alliance to challenge the APC and present a stronger alternative to Tinubu.
Among those associated with the wider opposition realignment are former Vice-President Atiku Abubakar, former Anambra State governor Peter Obi, Oyo State Governor Seyi Makinde and other political leaders.
The proposed coalition has generated significant political debate, with supporters arguing that a united opposition would have a better chance of challenging the APC than multiple parties contesting independently.
However, the coalition effort faces challenges, particularly over leadership, presidential ambitions, party structures and the choice of a consensus candidate.
The competing interests among opposition politicians could make it difficult to persuade major contenders to withdraw their individual ambitions and support a single presidential candidate.
Duke’s own political position also places him within the opposition’s presidential contest. He is the PRP’s presidential candidate for the 2027 election and has continued to advocate a broader alliance among opposition forces.
His call for unity therefore comes at a time when opposition parties are weighing whether individual candidates should maintain separate campaigns or work towards a common platform.
The former Cross River governor, who served from 1999 to 2007, believes the opposition must be realistic about the strength of the incumbent and the advantages associated with controlling the federal government.
His argument is that defeating an incumbent president requires more than criticism of the ruling party. Opposition parties, he said, must build an effective political structure capable of competing across the country.
The debate over opposition unity is expected to intensify as political parties begin preparations for the 2027 presidential election.
For the opposition, the central challenge will be whether competing political interests can be reconciled early enough to create a credible coalition and prevent the fragmentation of votes among multiple candidates.
Duke’s latest warning adds to the growing calls for opposition politicians to prioritise a collective strategy over individual ambitions if they are serious about mounting a strong challenge to Tinubu in 2027.
‘Tinubu is a lion with horns’ — Donald Duke warns opposition ahead of 2027
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