The Court of Appeal in Abuja on Monday upheld the ruling restraining the Independent National Electoral Commission (INEC) from recognising state congresses organised by committees appointed by the David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a 2-1 judgement of its three-member panel, the Court of Appeal held that it found no reason to set aside the restraining order the Federal High Court in Abuja had issued against the Mark-led ADC on 29 April.
Judge Okon Abang, who delivered the majority judgement, further upheld the order issued by Judge Joyce Abdulmalik of the Federal High Court in Abuja, which restrained the Mark-led executives from interfering with the tenure and functions of the party’s elected state executives.
The court concurred that responsibility for conducting state congresses of political parties rests with elected state executive committees, not with the national leadership.
Justices Abang and Donatus Okorowo gave the majority verdict barring the electoral body from acknowledging the outcome of congresses held by the Mark-led leadership of the ADC.
Meanwhile, the head of the appellate court’s panel, Abba Mohammed, gave a dissenting judgment.
In his minority decision, Mohammed held that the case that precipitated the restraining order bordered on a non-justiciable internal affair of a political party.
He held that the trial court was wrong to have assumed jurisdiction to entertain the matter.
Confusion and anxiety have now gripped the camp of the ADC standard bearer as the judgment poses a major threat to the presidential bid of Atiku Abubakar and those of other candidates who emerged from the national convention organised by the Mark-led faction ahead of the 2027 general election.
Reacting to the development, the ADC, in statement by its National Publicity Secretary, Abdullahi, disagreed with the Appeal Court judgment, stating that it was “legally unsustainable”.
The opposition party also assured that the judgment will not have any effect on the direct primaries that produced the ADC candidates for various positions in the forthcoming 2027 polls.
The statement read: “The ADC notes the judgment delivered by the Court of Appeal in Abuja on Monday in a matter relating to party congresses for the election of ward, local government and state executive committees of the Party.
“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.”
Atiku also reacted saying that contrary to insinuations in certain quarters, the Court did not invalidate primaries.
The former vice president, in a statement by his Senior Special Assistant on Public Communication, Phrank Shaibu, noted that attempts by some persons to present the verdict as the end of the ADC presidential ticket was part of ongoing misinformation to demoralize the opposition and confuse Nigerians.
He confirmed that the party has commenced moves to appeal the judgment and urged its members and supporters to remain calm.
Atiku added that those attempting to sell false narratives over the judgment should be aware that political propaganda cannot be substituted for judicial pronouncement.
“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.”
