Court of Appeal Upholds INEC Ruling on ADC Leadership Dispute
In a landmark decision, the Court of Appeal has upheld a Federal High Court ruling that prevents the Independent National Electoral Commission (INEC) from recognizing or participating in a state assembly convened by the interim leadership of the African Democratic Congress (ADC), led by Senator David Mark. This split 2-1 decision reinforces the earlier ruling made by Justice Joyce Abdulmalik.
The majority judgment, delivered by Justice Okon Abang and supported by Justice Donatus Okorowo, affirmed Justice Abdulmalik’s conclusion that Mark’s leadership overstepped its authority when it dissolved the ADC’s regional leadership and established new state committees to organize assemblies. The appeal against this ruling was dismissed for lack of substantive grounds.
On April 29, Justice Abdulmalik concluded that Mark’s leadership violated the ADC’s constitution by dismissing existing state leaderships prematurely. The court emphasized that the authority to oversee the party’s congresses remained with the incumbent state executives, whose terms were still in effect. The ruling indicated an extension of their terms for an additional four years in 2023.
Mark’s ADC subsequently sought recourse in the Court of Appeal, contesting the trial court’s jurisdiction over internal party matters. The appeal argued that the original plaintiffs, a group of seven state committee chairs, had failed to exhaust the ADC’s internal dispute resolution mechanisms. However, the appellate court found no compelling reason to overturn the lower court’s ruling.
Justice Abang noted similarities between this case and previous rulings involving the People’s Democratic Party (PDP), reinforcing that the ADC’s dissolution was contrary to its statutory framework. He emphasized that any violation of the party’s constitution has broader legal implications beyond mere internal disputes.
In addition to upholding the Federal High Court’s ruling, the appellate court ordered that the ADC’s recent assembly convened by Senator Mark be deemed null and void, imposing a cost of N10 million in favor of the seven state committee chairs involved in the case.
ADC Leaders Affirm Ruling Does Not Affect Primaries
Despite the court’s ruling, ADC leadership has publicly stated that the decision will not affect the party’s upcoming primary elections. In a statement issued by Bolaji Abdullahi, the National Publicity Secretary, the party expressed confidence that the judgment pertains only to internal conventions and not to the statutory primaries for candidate nominations.
Abdullahi asserted, “We assure our members that this ruling will have no bearing on the direct primaries that have already produced our candidates at various levels.” He indicated that the party is considering an appeal against the judgment, which they maintain is legally untenable.
Atiku Abubakar Responds to Court’s Ruling
In light of the legal developments, ADC’s presidential candidate, Atiku Abubakar, urged party members to remain optimistic, clarifying that the Court of Appeal’s decision does not invalidate the primaries for the 2027 general elections. Speaking through his Senior Special Assistant on Public Communication, he attributed narratives that suggest otherwise to a disinformation campaign aimed at undermining the ADC’s credibility.
“The judgment pertains specifically to the operation of the State Legislature and the terms of office of the State Executive Committee,” Atiku explained. He further distinguished between the internal appointment of party officials and the statutory nomination of candidates, which are governed by different legal frameworks.
Charges of Forgery and Misappropriation by ADC Leadership
The ADC has categorically rejected claims made by a faction led by Nafiu Bala Gombe, alleging that they uploaded names of presidential candidates to the INEC nomination portal. In an official statement, the party labeled these allegations as false and called for an investigation into potential forgery and misappropriation of documents purportedly from INEC.
The ADC’s national communications director emphasized that such claims were easily disproved, affirming that INEC would not grant access to its nomination portal unless the party leadership had been officially recognized. The party also highlighted the need for the electoral commission to act against any activities that could mislead the public and compromise the integrity of Nigeria’s electoral process.
