Former Vice President Atiku Abubakar and the leadership of the African Democratic Congress (ADC) have defended the party’s primary elections, insisting they remain valid despite the Court of Appeal’s judgment nullifying state congresses conducted by committees appointed by the David Mark-led caretaker leadership.
The assurance came after the Court of Appeal in Abuja, in a split two-to-one judgment, upheld an earlier Federal High Court decision restraining the Independent National Electoral Commission (INEC) from recognising or participating in state congresses organised by the caretaker committees constituted by the David Mark-led leadership.
The appellate court ruled that the authority to conduct state congresses rests with the party’s duly elected state executive committees and not committees appointed by the caretaker administration.
The court also affirmed the order restraining the caretaker leadership from interfering with the tenure and functions of the elected state executives.
The judgment has generated debate over its implications for the party’s preparations ahead of the 2027 general elections, with concerns raised over the legality of activities carried out by the caretaker leadership.
Reacting to the ruling, the ADC maintained that the judgment was limited to the conduct of state congresses and did not affect the validity of the party’s primary elections or the nomination of candidates.
The party explained that its candidates for elective offices emerged through direct primary elections, which are distinct from the state congresses referenced in the court’s decision.
It therefore urged members and supporters to disregard reports suggesting that the judgment had invalidated its primaries.
Former Vice President Atiku Abubakar also dismissed claims that the ruling had rendered the party’s primaries null and void, maintaining that the judgment addressed only the dispute surrounding the caretaker committee’s authority to organise congresses and did not extend to the nomination process for candidates.
The Court of Appeal, in its majority judgment delivered by Justice Okon Abang and supported by Justice Donatus Okorowo, dismissed the ADC’s appeal against the Federal High Court’s decision and awarded ₦10 million in costs against the party.
According to the majority judgment, while political parties enjoy autonomy in managing their affairs, disputes involving alleged violations of a party’s constitution and the legal rights of members are matters that fall within the jurisdiction of the courts.
However, the presiding Justice, Abba Mohammed, dissented, holding that the dispute concerned the internal affairs of a political party and should not have been entertained by the Federal High Court.
The legal dispute stems from the appointment of former Senate President David Mark as head of the ADC’s caretaker leadership, a move challenged by some party members who questioned the committee’s authority to dissolve existing party structures and organise fresh state congresses.
Following the Court of Appeal’s verdict, the ADC announced plans to challenge the judgment at the Supreme Court, expressing confidence that the apex court would overturn the decision.
The latest ruling has intensified the leadership crisis within the party and is expected to shape the ADC’s internal political landscape as preparations for the 2027 general elections gather momentum.
