The Court of Appeal in Abuja has, in a split decision, upheld the judgment of the Federal High Court restraining the African Democratic Congress, ADC, from dissolving its State Working Committees, SWCs, and proceeding with state congresses.
In the two to one majority judgment delivered on Monday, the appellate court dismissed the appeal filed by the ADC, Senator David Mark and Rauf Aregbesola, while also awarding N10 million in costs against them in favour of the party’s state chairmen for breaching the ADC Constitution in an attempt to terminate their four year tenure.
Justices Okon Abang and Donatus Okorowo delivered the majority judgment, while the Presiding Justice, Abba Bello Mohammed, delivered a dissenting opinion.
The majority held that the Federal High Court rightly assumed jurisdiction because the case involved an alleged breach of the ADC Constitution in the attempt to remove state chairmen before the expiration of their tenure.
According to the justices, the argument that the dispute concerned the party’s internal affairs could not stand because it also involved Section 223 of the 1999 Constitution and the party’s constitution.
They maintained that allowing the party leadership to violate its own constitution would encourage anarchy and undermine democratic principles.
In his dissenting judgment, Justice Mohammed held that the election and removal of party officers remain internal affairs of a political party.
He further ruled that the ADC Constitution does not expressly provide that only the State Working Committee has the authority to establish a Congress Committee for the election of members of the State Executive Committee.
Justice Mohammed also held that, apart from the first respondent, the remaining six respondents failed to establish their legal standing because they did not clearly state their status as state chairmen or identify the states they represented.
According to him, the respondents acted prematurely by approaching the court without first exhausting the party’s internal dispute resolution mechanism.
The appeal challenged the judgment of Justice Joyce Abdulmalik of the Federal High Court, which restrained the David Mark led leadership from dissolving the State Working Committees before the expiration of their constitutional tenure.
The suit was filed by ADC state chairmen represented by Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr Charles Idowu Omideji, Samuel Pam Gyang and Obianyo Patrick, who instituted the action for themselves and on behalf of all ADC State Chairmen and State Executive Committees.
The case, marked FHC ABJ CS 58 2026, listed the African Democratic Congress, Senator David Mark, Senator Patricia Akwashiki, Mallam Bolaji Abdullahi, Rauf Aregbesola, Professor Oserheimen Osunbor, who was sued on behalf of the Caretaker Interim National Working Committee, and the Independent National Electoral Commission, INEC, as defendants.
The plaintiffs sought the court’s interpretation of constitutional provisions governing the tenure and powers of party organs, particularly regarding the leadership structure and proposed state congresses.
They argued that the four year tenure of the State Working Committees and State Executive Committees remained valid until properly constituted state congresses and a national convention were held.
Relying on Section 223 of the 1999 Constitution, Article 17 of the ADC Constitution and the Final Mediation Report of December 23, 2023, the plaintiffs challenged the legality of the Caretaker Interim National Working Committee, insisting it was not recognised by the party’s constitution.
They also questioned the authority of the caretaker body to appoint Congress Committee members for the conduct of state congresses, describing all such appointments as unconstitutional, null and void.
According to the plaintiffs, the proposed state congresses scheduled for April 2026 under the supervision of the caretaker committee would amount to a clear violation of the party’s constitution.
In her earlier judgment, Justice Abdulmalik nullified the planned dissolution of the State Working Committees by the David Mark led leadership, prompting the unsuccessful appeal before the Court of Appeal.
