By Simeon OSAJIE
The Edo State Chairman of the African Democratic Congress (ADC), Mr. Kennedy Odion, has hailed the Court of Appeal’s judgment restraining the Independent National Electoral Commission (INEC) from recognising state congresses conducted by committees appointed by the party’s National Caretaker Committee led by Senator David Mark.
Describing the ruling as a major victory for constitutional democracy within the party, Odion said the judgment reaffirmed the supremacy of the ADC Constitution and upheld the authority of duly elected state executive committees.
In a split 2-1 decision delivered on Monday, the Court of Appeal affirmed an earlier ruling by the Federal High Court, which barred the David Mark-led National Caretaker Committee from interfering with the tenure, powers, and constitutional responsibilities of the party’s duly elected state executive committees.
The appellate court also restrained INEC from recognising any state congresses conducted by committees constituted by the caretaker leadership, pending the determination of the substantive issues before the court.
Delivering the lead judgment, Justice Okon Abang, with Justice Donatus Okorowo concurring, held that the Federal High Court acted correctly in restraining INEC from recognising the outcome of the disputed state congresses.
The appellate court further ruled that the power to conduct state congresses is vested exclusively in the party’s duly elected state executive committees, and not in the National Caretaker Committee or any committees appointed by it.
Justice Abba Mohammed dissented, maintaining that the matter was an internal party affair and therefore fell outside the jurisdiction of the courts.
The appeal arose from a suit instituted by aggrieved members of the ADC, who challenged the decision of the Senator David Mark-led caretaker committee to constitute committees for the conduct of state congresses.
The plaintiffs argued that, in line with the provisions of the ADC Constitution, only duly elected party organs have the legal authority to organise and conduct state congresses.
The Court of Appeal’s decision effectively affirmed that position, reinforcing the autonomy and constitutional powers of the party’s elected state leadership.
The appellate court agreed with the trial court that neither the 1999 Constitution nor the ADC Constitution empowers a caretaker National Working Committee to appoint committees for the conduct of state congresses.
The court further held that the tenure of the party’s State Working Committees and State Executive Committees remains valid until properly constituted congresses and a national convention are held in line with the party’s constitution.
Justice Abang stated that although courts generally avoid interfering in the internal affairs of political parties, judicial intervention becomes necessary where constitutional or statutory 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 also dismissed the argument that the plaintiffs failed to exhaust the party’s internal dispute resolution mechanism, ruling that they had the legal standing to institute the action and that the matter fell within the jurisdiction of the Federal High Court because it involved INEC.
The appellate court held that the congresses and national convention conducted by the Mark-led caretaker leadership were null and void because they were held in defiance of a subsisting court order issued on April 14.
Consequently, the court dismissed the appeal filed by the ADC and awarded N10 million in costs against the party.
Building on that premise, Mr. Odion stated that the court’s ruling had finally brought to an end the crisis that had been rocking the party.
He commended the court for its courage and impartiality in delivering what he described as a credible judgment.
The chairman also appealed to party members who had been swayed by the David Mark-led caretaker committee and obtained nomination forms to contest elective positions to return to what he described as the party’s legitimate and recognized leadership.
He assured them that the door of forgiveness remains open, adding that those who retrace their steps would still have the opportunity to have their names included on the ballot.
Emphasizing the importance of party cohesion, the chairman said unity of purpose is essential to securing victory in the forthcoming general elections.
He maintained that a united party would be better positioned not only to win at the polls but also to provide the leadership required to tackle Nigeria’s escalating security challenges, fight poverty and corruption, and deliver meaningful democratic dividends to citizens who have long aspired to a more prosperous and secure nation.