Court of Appeal has upheld a lower court ruling nullifying state congresses organised by the David Mark-led caretaker committee of the African Democratic Congress (ADC), while fining the party ₦10 million.
In a split 2-1 decision on Monday, the appellate court affirmed that the Independent National Electoral Commission (INEC) should not recognise the disputed congresses. It ruled that only duly elected state executive committees have the authority to conduct such exercises.
Justice Okon Abang, in the lead judgment, stated that courts must intervene when constitutional breaches are alleged. “Once a complaint before the court is anchored on a constitutional infraction, the shield of internal affairs drops and the veil is lifted for judicial intervention,” he said.
The court declared the congresses and national convention held by the Mark-led leadership null and void for defying a subsisting order. It upheld the tenure of elected state executives until proper congresses and a national convention are conducted in line with the party’s constitution.
Justice Abba Mohammed dissented, arguing the matter was an internal party affair. The decision stems from a suit by aggrieved ADC members challenging the caretaker committee’s actions.
