By Alex Enuma in Abuja
Court Upholds Ruling Against ADC’s State Assembly Committee
The Court of Appeal has upheld a Federal High Court ruling that prohibits the Independent Electoral Commission (INEC) from recognizing or engaging with a state assembly convened by a committee established under the interim leadership of the African Democratic Congress (ADC) led by Senator David Mark. This decision came in a split 2-1 ruling from the appellate court.
The majority judgment, delivered by Justice Okon Abang and supported by Justice Donatus Okorowo, reaffirmed the previous ruling made by Justice Joyce Abdulmalik in Abuja. The appeal against Justice Abdulmalik’s ruling was dismissed on the grounds that it lacked sufficient grounds for reconsideration.
In her April 29 verdict, Justice Abdulmalik had ruled that INEC could not endorse the committee formed by Mark’s leadership to convene the ADC state congress. This lawsuit was initiated by seven discontented chairs of the ADC’s state committees, who contested the dissolution of the ADC and the formation of interim committees to conduct state assemblies.
The plaintiffs contended that the actions taken by Mark’s leadership infringed upon the ADC’s statutory rights to hold meetings and manage its internal affairs. In her ruling, Justice Abdulmalik stated that Mark’s leadership overstepped its authority by disbanding the ADC’s existing state leadership and putting an interim committee in charge of the party’s legislative functions.
The trial court determined that dissolving the state leadership before the completion of their terms was a violation of the ADC’s constitution. Justice Abdulmalik emphasized that the responsibility to manage parliamentary activities rests with the incumbent state executive, which, according to mediation reports, was set to have its term extended by another four years in 2023.
In an attempt to challenge the trial court’s ruling, the ADC, represented by Mark and Secretary of State for Public Relations Ogbeni Rauf Aregbesola, sought recourse in the Court of Appeal. They claimed that the trial court improperly assumed jurisdiction over matters strictly related to the ADC’s internal governance and argued that the plaintiffs had not yet exhausted the internal mechanisms for conflict resolution before escalating the matter to the courts.
However, the appellate court found no compelling reason to overturn the trial court’s decision. Justice Abang pointed out parallels between this case and a prior ruling involving the People’s Democratic Party (PDP), noting that the dissolution of the ADC’s structure violated its constitution. He remarked that violations of constitutional provisions cannot be shielded under the guise of internal affairs.
While the appellate court accepted that the plaintiffs had standing to bring forth their claims, it criticized the appellants for failing to properly appeal or seek a stay regarding the trial court’s ruling. The majority judgment further determined that the ADC’s assembly was conducted in breach of the court’s order, rendering it null and void.
Justice Abang also upheld Justice Abdulmalik’s ruling that barred INEC from recognizing the assembly led by Senator Mark, and awarded costs amounting to N10 million to the seven state chairmen who brought the suit. In contrast, Justice Abba Mohamed, delivering the minority opinion, contended that the trial court had erred in asserting jurisdiction over internal ADC matters and argued that the plaintiffs had not adequately demonstrated that they had misused internal dispute resolution methods before turning to litigation.
Justice Mohamed flagged a lack of evidence to suggest that the appellants had been informed of the restraining order prior to the ADC’s convention, stating that the convention was already in progress at the time the order was issued. He concluded that if the action has been executed, a party should not be held in contempt of court.
