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