The Court of Appeal has affirmed the decision of the Federal High Court, declaring that the David Mark-led National Caretaker Committee of the African Democratic Congress (ADC) lacks the constitutional power to dissolve elected state executive committees or impose caretaker structures in their place.
The three-man panel led by Justice Abba Mohammed in a split decision of two-to-one, which Justice Mohammed dissented, the Appellate Court said it found no reason to set aside the restraining order given by the Federal High Court in Abuja.
The judgment reinforces adherence to the party’s constitution, the appellate court ruled that only duly elected state executives have the legitimate authority to administer party affairs at the state level.
The court clarified that these elected executives remain the recognised leadership in their respective states until their tenure expires according to the ADC Constitution, they are removed through laid-down constitutional procedures, or fresh congresses are properly conducted.
The justices held that the National Caretaker Committee acted beyond its powers by attempting to unilaterally appoint committees to organise state congresses while the elected executives were still in office. Any such congresses, the court said, would lack constitutional validity.
Consequently, the Court of Appeal restrained the Independent National Electoral Commission (INEC) from recognising any state congresses conducted by committees set up by the Mark-led leadership.
The judgment further barred the caretaker committee from interfering with the constitutional functions, powers, and tenure of the elected state executive committees across the country.
According to the ruling, party supremacy must be exercised strictly within the provisions of the ADC Constitution and Until the tenure of the elected state executives ends or they are lawfully replaced through due process, they alone retain the authority to organise state congresses.
