Lucky Obukohwo, Reporting
The Edo State chairman of the African Democratic Congress (ADC), Mr. Kennedy Odion, has hailed the Court of Appeal rulling that restrained the Independent National Electoral Commission (INEC) from recognising state congresses conducted by committees appointed by the David Mark-led caretaker leadership of the African Democratic Congress (ADC).
Recall that in a split two-to-one judgment delivered on Monday, the appellate court affirmed the earlier ruling that barred the Mark-led leadership from interfering with the tenure and functions of the party’s duly elected state executive committees.
Delivering the lead judgment, Justice Okon Abang, with Justice Donatus Okorowo concurring, held that the Federal High Court was right to restrain INEC from recognising the outcome of the disputed congresses.
The court ruled that responsibility for conducting state congresses rests with elected state executive committees and not the party’s national caretaker leadership.
Justice Abba Mohammed dissented, holding that the dispute was an internal party matter beyond the court’s jurisdiction.
The appeal stemmed from a suit filed by aggrieved ADC members who challenged the decision of the Senator David Mark-led caretaker committee to appoint committees to conduct state congresses.
They argued that only duly elected party organs recognised by the ADC constitution possess the authority to organise such congresses.
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,
