Appeal Court Affirms Ruling Barring INEC from Recognising Mark-led ADC Congresses

• ADC: Judgement didn’t affect our primaries 

•Propaganda can’t change the law, says Atiku 

•Party dismisses rival portal claim

Chuks Okocha and Alex Enumah in Abuja

The Court of Appeal, in a split decision of two-to-one, affirmed the judgement of a Federal High Court, which restrained the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses organised by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).

The appellate court in the majority decision delivered by Justice Okon Abang and supported by Justice Donatus Okorowo, affirmed the verdict of Justice Joyce Abdulmalik of the Federal High Court, Abuja, shortly after dismissing the appeal against her judgement for lacking in merit.

Justice Abdulmalik had in a judgement delivered on April 29, restrained INEC from giving recognition to the committee set up by the Mark-led leadership to conduct state congresses of the ADC.

The suit was filed by seven aggrieved state chairmen of the ADC, who had challenged their dissolution and the setting up of a state committee to conduct state congresses of the ADC.

They claimed that the action of the Mark-led leadership robbed them of the statutory powers to conduct congresses of the ADC.

In the judgement delivered on April 29, the trial court held that the Mark-led leadership was wrong to have dissolved the states leadership of the ADC and set up a caretaker committee, for the conduct of the ADC congresses.

According to the trial court, the ADC was wrong to have dissolved the states leadership when their tenure has not expired, and by so doing breached its own constitution.

Justice Abdulmalik held that the powers to conduct congresses belonged to the state executive, whose tenure was still running, adding that a mediation report showed that the tenure of the state executive were in 2023 extended by another four years.

Miffed by the decision of the trial court, the ADC, Mark, National Secretary, Ogbeni Rauf Aregbesola, National Publicity Secretary had approached the appellate court to challenge the decision of the trial court.

They claimed among others that the trial court erred when it assumed jurisdiction over a matter that fell within the internal affairs of the ADC.

They also claimed that while the respondents in the suit lacked merit to institute the legal action, for the fact that they did not exhaust the internal mechanism of the ADC for resolving party issues, robbed the court of necessary jurisdiction to entertain the suit.

However, the appellate court in its majority decision held that it found no reason to deviate from the judgement of the trial court.

Abang, who read the majority judgement pointed out that the case of the appellants was similar to the PDP case which the apex court has already resolved, adding that the dissolution breached the ADC Constitution.

Abang stressed that “where an appellant violated its Constitution, the action transcend internal affairs” and the shield of internal affairs shattered.

While the appellate court also agreed with the trial court that the respondents had locus to initiate the suit at the trial court, the majority decision faulted the appellant for not appealing or sought leave to raise a fresh appeal to the extent that the trial court did not resolve the issue of non exhaustion of internal mechanism for resolution of issues.

The majority decision further held that the congresses of the ADC were conducted in violation of a court order and hence bound to be set aside and nullified.

He subsequently affirmed the judgement of Justice Abdulmalik, restraining INEC from giving recognition to the state congresses conducted by the Senator David Mark-led leadership of the ADC.

Abang also awarded cost of N10 million in favour of the seven respondents (state chairman).

However, Justice Abba Mohammed, who delivered the minority judgement affirmed the appeal, noting that the trial court erred in law when it assumed jurisdiction in a suit that falls within the internal affairs of the ADC.

The minority judgement further faulted the trial court for clothing the respondents with locus when by the originating summons as filed by the respondents themselves showed only the 1st respondent as a state chairman.

On the issue of non-exhaustion of mechanism for resolution of dispute, Mohammed held that nothing before the trial court proved that the respondents exploited the tool before approaching the court to challenge their dissolution, adding that failure to do so robbed the court of jurisdiction to entertain the suit.

Justice Mohammed further held that nothing before the court showed that the appellants violated the order against its convention held on April 14, 2016.

“There is nothing to show that the restraining order was brought to the knowledge of the appellants”, Mohammed stated, “as at the time the order was made it has already held its convention”.

Mohammed explained that a party could not be held in disobedience of Court when the act has already been done.

ADC: Ruling Didn’t Affect Our Primaries

The leadership of the ADC, has said the Court of Appeal ruling of yesterday did not affect its primary elections.

In a statement by the National Publicity Secretary, Bolaji Abdullahi, who was reacting to the Court of Appeal, the party said it has noted the judgment delivered in a matter relating to party congresses for the election of ward, local government and state executive committees of the party.

According to Abdullahi, “We wish to assure members of the party and the general public that this judgment has no effect whatsoever on the direct primaries through which the party’s candidates have emerged at all levels.

“The party has already commenced the process of appealing the judgment, which we respectfully disagree with and consider to be legally unsustainable.

“We also note the dissenting judgment of the presiding Justice, which, in our view, more accurately reflects the settled position of the law and the Party’s position.

“We urge all party members and the millions of our supporters to remain calm, confident and focused.

“The African Democratic Congress remains committed to the task of providing Nigerians with a credible alternative and will continue to pursue that mission in accordance with the Constitution and the rule of law,” the spokesman of ADC stated

Atiku: Propaganda Can’t Change the Law

Presidential Candidate of the ADC, Atiku Abubakar, has urged party members to remain calm, , stressing that contrary to the narratives being circulated in some quarters, the Court of Appeal did not invalidate the ADC primary elections conducted for the nomination of candidates for the 2027 general election.

In a statement by his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku described the attempts to portray the judgment as the end of the ADC presidential ticket as nothing more than another chapter in the ongoing campaign of misinformation designed to demoralise the opposition and confuse Nigerians.

“Those celebrating today should celebrate with caution. Those attempting to sell false hope to their supporters should remember that political propaganda can never substitute for judicial pronouncements.

“The judgment being celebrated relates to the conduct of state congresses and the tenure of State Executive Committees. It does not, from the facts available, amount to a judicial nullification of the ADC’s primary elections conducted under the Electoral Act.

“There is a world of legal difference between the election of party executives through internal congresses and the nomination of candidates through statutory primary elections.

“They are distinct legal exercises, governed by different legal principles and serving different constitutional purposes. One should not be confused with the other.

“It is a settled principle of law that courts determine only the issues submitted before them. They neither manufacture disputes nor pronounce on matters that were never placed before them. Any attempt to stretch this judgment beyond its proper scope is an invitation to legal absurdity.

“Our opponents appear more eager to write judgments on social media than to read the one delivered by the Court of Appeal. Nigeria is governed by the rule of law, not by headlines, hashtags or the fantasies of political opportunists.

“We remain respectful of the judiciary and have already instructed our legal team to approach the Supreme Court for a definitive determination of the issues arising from the judgment. That is the proper constitutional path, and we have absolute confidence in the judicial process.

“Let no supporter of the ADC lose sleep. Let no Nigerian who believes in the restoration of our country be discouraged. The struggle to rescue Nigeria has never been about one courtroom or one judgment.

“It is a movement born out of the collective desire of millions of Nigerians for competent leadership, economic recovery, national unity and the restoration of hope.

“We therefore urge our members across the federation to remain calm, united and focused. Stay committed to the mission. Continue mobilising. Continue organising. Continue believing. No amount of legal gymnastics or political spin can extinguish the legitimate aspirations of Nigerians for a better country.

“The road to 2027 remains open, and the resolve of the Nigerian people cannot be overturned by propaganda. Our destination remains unchanged, and by the grace of God and the will of the Nigerian people, we shall arrive.”

ADC Dismisses Rival Portal Claim

The ADC has dismissed as false claims that a group led by Nafiu Bala Gombe uploaded the names of a presidential candidate and other nominees to the INEC nomination portal.

In a statement signed by Bolaji Abdullahi, the party said it was formally drawing INEC’s attention to what it described as the apparent forgery and unauthorised use of documents purportedly issued by the Commission, urging it to investigate and take appropriate action.

The party urged the public to disregard what it called attempts to create confusion and insisted it remained focused on offering Nigerians a credible alternative ahead of the 2027 general election, the leadership of Alhaji Atiku Abubakar.

The ADC drew the attention of the media and the general public to false reports claiming that a group led by Mr. Nafiu Bala Gombe has uploaded the names of a presidential candidate and other nominees to the INEC nomination portal.

According to national Publicity Secretary of the ADC, ‘’The claim is a blatant lie. And it is quite easy to verify why. ‘INEC does not issue nomination portal access or nomination codes to a leadership  it does not recognise. Secondly, the Commission will not issue two codes to the same party.

“Otherwise, every impostor would simply upload names to the portal and proclaim themselves the authentic leadership of a political party. That is plainly not how the law or the Commission’s processes work.

‘’The question, therefore, is straightforward: where is the evidence of this purported upload by a group of individuals not known by law or the electoral body?

“We are also, by this statement, formally drawing the attention of the Independent National Electoral Commission (INEC) to what appears to be the forgery and unauthorised use of documents purportedly emanating from the Commission in a manner capable of creating confusion and undermining public confidence in its integrity and reputation as Nigeria’s electoral umpire.”