By Ahmed Yusuf

National News – The Court of Appeal in Abuja has upheld a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising congresses conducted by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC), deepening the party’s internal leadership dispute ahead of the 2027 general election.

In a split judgment delivered on Monday, the appellate court affirmed the April 29 ruling of the Federal High Court, which barred the caretaker leadership from interfering with the tenure and responsibilities of the party’s elected state executive committees.

The majority judgment, delivered by Justice Okon Abang and supported by Justice Donatus Okorowo, held that only duly elected state executive committees have the authority to conduct state congresses, not a caretaker national leadership.

However, the presiding Justice, Abba Mohammed, dissented, arguing that the matter was an internal affair of the political party and that the Federal High Court lacked jurisdiction to entertain the suit.

Justice Abang held that the case involved constitutional questions, making judicial intervention necessary.

He ruled that where allegations of constitutional violations are raised, the courts have the authority to intervene, adding that such intervention was necessary to protect Nigeria’s democratic process.

The court also declared the congresses and national convention conducted by the Mark-led caretaker committee invalid, holding that they were conducted despite an earlier subsisting court order. It further awarded N10 million in costs against the ADC.

The suit was instituted by several ADC state chairmen and executive committee members, who challenged the caretaker committee’s decision to appoint committees to conduct state congresses, arguing that the action violated both the party’s constitution and the 1999 Constitution.

The plaintiffs maintained that only elected party organs possess the constitutional authority to organise state congresses.

In the earlier judgment upheld by the Court of Appeal, the Federal High Court ruled that neither the Nigerian Constitution nor the ADC Constitution empowered the caretaker committee to appoint committees for state congresses, while affirming that the tenure of the party’s State Working Committees and State Executive Committees remained valid.

ADC insists primaries remain valid

Reacting to the judgment, the ADC maintained that the ruling does not affect candidates who emerged through its direct primary elections for the 2027 general election.

In a statement signed by the party’s National Publicity Secretary, Bolaji Abdullahi, the ADC said it had commenced the process of appealing the judgment at the Supreme Court.

The party argued that the judgment related strictly to the conduct of ward, local government and state congresses and had no impact on the validity of its direct primaries.

The ADC urged its members and supporters to remain calm, expressing confidence that the Supreme Court would resolve the legal issues.

Atiku dismisses claims of setback

Former Vice President and ADC presidential candidate, Atiku Abubakar, also dismissed claims that the Court of Appeal judgment had nullified the party’s primary elections.

In a statement issued by his media aide, Phrank Shaibu, Atiku described such claims as misleading political propaganda.

According to him, the judgment dealt only with the conduct of state congresses and the tenure of state executive committees, not the nomination of candidates through direct primaries conducted under the Electoral Act.

He stressed that party congresses and statutory primary elections are separate legal processes governed by different laws and constitutional provisions.

Atiku further noted that courts determine only issues brought before them and cannot pronounce on matters not presented for adjudication.

He confirmed that the party had instructed its legal team to challenge the appellate court’s judgment at the Supreme Court, expressing confidence in the judicial process.

The former vice president also urged ADC supporters not to lose faith, insisting that the party remained committed to offering Nigerians a credible political alternative ahead of the 2027 elections.