By Lateef Ibrahim
The Court of Appeal in Abuja has upheld a Federal High Court judgment restraining the leadership of the African Democratic Congress (ADC), led by former Senate President David Mark, from dissolving the party’s State Working Committees (SWCs).
In a split decision of two justices to one delivered on Monday, the appellate court affirmed the lower court’s ruling, holding that the tenure of the state party executives could not be terminated before the expiration of their four-year term.
The court also awarded N10 million in costs against the ADC, Senator David Mark and former Osun State Governor Rauf Aregbesola, ordering that the amount be paid to the affected state chairmen.
Justices Okon Abang and Donatus Okorowo, who delivered the majority judgment, held that the Federal High Court properly assumed jurisdiction because the case involved alleged breaches of the ADC Constitution and Section 223 of the 1999 Constitution, rather than issues relating solely to the party’s internal affairs.
According to the majority judgment, permitting party leaders to act contrary to the provisions of their constitution could undermine democratic principles and create disorder within the party.
However, the Presiding Justice, Abba Bello Mohammed, dissented, holding that the appointment and removal of party officials are internal party matters.
He also questioned the legal standing of most of the respondents, stating that they did not sufficiently establish their status as state chairmen.
Peoples Daily reports that the appeal was filed by the ADC, Senator David Mark and Rauf Aregbesola against the judgment of Justice Joyce Abdulmalik of the Federal High Court, which restrained the party’s leadership from dissolving the State Working Committees and conducting state congresses through the Caretaker/Interim National Working Committee.
The suit was instituted by seven ADC state chairmen on behalf of all state chairmen and State Executive Committees of the party.
They argued that the caretaker committee lacked the constitutional authority to appoint congress committees or conduct state congresses, contending that such actions violated both the ADC Constitution and Section 223 of the Constitution of the Federal Republic of Nigeria.
In her earlier judgment, Justice Abdulmalik declared the planned dissolution of the state executives unlawful and set aside moves by the party’s leadership to replace them through the proposed state congresses.
The Court of Appeal’s decision leaves the Federal High Court’s orders in force, including the restraint on the dissolution of the State Working Committees and the conduct of state congresses under the disputed caretaker leadership.
