ADC reacts to judgment nullifying its congresses, convention

THE African Democratic Congress (ADC) has rejected suggestions that Monday’s Court of Appeal judgment invalidates its primaries, insisting that the ruling only relates to the conduct of state congresses and has no legal effect on candidates who emerged through the party’s direct primaries.

The party’s National Publicity Secretary, Bolaji Abdullahi, said in a statement following the Court of Appeal judgment that nullified the David Mark-led leadership congresses and conventions.

“We wish to assure members of the ADC and the general public that today’s Court of Appeal judgment has no effect whatsoever on the direct primaries through which the ADC’s candidates emerged at all levels,” Abdullahi said.

He explained that the party had already begun the process of challenging the judgment at the Supreme Court, describing the appellate court’s decision as legally unsustainable.

“The party has already commenced the process of appealing the judgment. We are convinced that the decision does not represent the correct position of the law and will be overturned,” he stated.

ADC publicity secretary insisted that its primaries were valid because they were conducted through direct primaries, which it argued are legally distinct from the disputed state congresses.

Abdullahi said the judgment had been widely misunderstood and urged party members and supporters to remain calm while the legal process continues.

The clarification followed split judgment of the Court of Appeal in Abuja, which upheld an earlier order restraining the Independent National Electoral Commission (INEC) from recognising or participating in state congresses conducted by committees appointed by the David Mark-led caretaker leadership of the party.

In a two-to-one majority decision, two of the judges, Okon Abang and Donatus Okorowo, affirmed the April 29 judgment of the Federal High Court delivered by Joyce Abdulmalik, as the appellate court held that elected state executive committees, not the national caretaker leadership, possessed the authority to conduct state congresses.

The majority also upheld the order restraining the Mark-led leadership from interfering with the tenure and functions of the party’s elected state executives and nullified the congresses conducted under the caretaker committee in violation of the earlier court order.

However, the presiding justice, Abba Mohammed, dissented, holding that the dispute concerned the internal affairs of a political party and, therefore, fell outside the jurisdiction of the courts. He argued that the Federal High Court ought not to have entertained the matter.

The latest ruling adds another chapter to the series of legal disputes surrounding the opposition party ahead of the 2027 general election.

Reacting to the ruling, the party’s presidential candidate, Atiku Abubakar, said the judgment did not invalidate the party’s primaries or affect his presidential ambition.

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In a statement by his Senior Special Assistant on Public Communication, Phrank Shaibu, Abubakar announced that he had directed his legal team to appeal the ruling at the Supreme Court.

He urged party members and supporters to remain calm, insisting that the Court of Appeal’s decision was limited to the conduct of state congresses and the tenure of state executive committees.

“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 statement said.

He argued that the election of party executives and the nomination of candidates through party primaries are separate legal processes governed by different constitutional and statutory provisions.

“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.”

The former vice president maintained that the Court of Appeal did not pronounce on the validity of the ADC’s primaries, stressing that courts determine only the issues specifically placed before them.

He accused political opponents of deliberately misrepresenting the judgment to create the impression that the party’s candidate selection process had been invalidated.

Reaffirming his confidence in the judiciary, Abubakar said seeking clarification from the Supreme Court was the proper constitutional course.

“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.

“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.”

Nanji is an investigative journalist with the ICIR. She has years of experience in reporting and broadcasting human angle stories, gender inequalities, minority stories, and human rights issues. She has documented sexual war crimes in armed conflict, sex for grades in Nigerian Universities, harmful traditional practices and human trafficking.