Appellate Court Affirms Elected State Chairmen’s Tenure, Says David Mark-Led Leadership Cannot Conduct State Congresses
The Court of Appeal in Abuja has upheld a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses organised by the African Democratic Congress (ADC) leadership led by Senator David Mark.
In the lead judgment, Justice Okon Abang held that the trial court was right to grant the reliefs sought by the plaintiffs, affirming that the ADC’s elected state chairmen are entitled to serve their four-year tenure as provided in the party’s constitution.
The suit was instituted by seven ADC state chairmen on behalf of themselves and other state executive committees, arguing that the David Mark-led leadership lacked the constitutional authority to organise state congresses or appoint congress committees while their tenure remained valid.
They asked the court to declare that only duly constituted state executive committees have the power to conduct state congresses and urged it to restrain INEC from recognising any congress organised by the party’s interim leadership.
Earlier, Justice Joyce Abdulmalik of the Federal High Court ruled that the ADC’s elected State Working Committees remain the party’s recognised officials and have the constitutional authority to organise state congresses and manage party affairs at the state level.
Dissatisfied with the ruling, Senator David Mark and the party’s National Secretary, Rauf Aregbesola, appealed the decision, asking the appellate court to set it aside.
However, the Court of Appeal dismissed the appeal, holding that it lacked merit and affirming the judgment of the Federal High Court.
The appellate court further held that the dispute was not merely an internal party affair beyond judicial intervention, noting that courts can intervene where political parties violate their own constitutions.
The court concluded that the elected ADC state chairmen remain entitled to complete their four-year tenure and that only the recognised party structures have the constitutional authority to conduct state congresses.
