By Ayodele Oni
African Democratic Congress (ADC) has said it has commenced an appeal to the Supreme Court on the Court of Appeal judgment delivered on Monday.
The Court of Appeal had upheld a Federal High Court judgement restraining the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses conducted by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a majority decision of two to one, the three-member appellate panel affirmed the earlier ruling delivered by Justice Joyce Abdulmalik, which barred the caretaker leadership from interfering with the tenure and responsibilities of the party’s elected state executive committees.
Justice Okon Abang, who delivered the lead judgement, held that there was no basis to overturn the Federal High Court’s order issued on April 29.
However In his minority decision, Justice Mohammed held that the case that precipitated the restraining order bordered on a non-justiciable internal affair of a political party.
He held that the trial court was wrong to have assumed jurisdiction to entertain the matter.
In a statement signed by its National Publicity Secretary, Mallam Bolaji Abdullahi, the party described the ruling as legally unsustainable, confirmed it has commenced an appeal to the Supreme Court, and said the dissenting judgment better reflects the law and its position.
ADC urged members and supporters to remain calm, insisting it remains committed to providing Nigerians with a credible alternative in line with the Constitution and the rule of law.
“The African Democratic Congress (ADC) notes the judgment delivered by the Court of Appeal in Abuja on Monday in a matter relating to party congresses for the election of ward, local government and state executive committees of the Party.
“We wish to assure members of the Party and the general public that this judgment has no effect whatsoever on the direct primaries through which the Party’s candidates have emerged at all levels.
“The Party has already commenced the process of appealing the judgment, which we respectfully disagree with and consider to be legally unsustainable.
“We also note the dissenting judgment of the presiding Justice, which, in our view, more accurately reflects the settled position of the law and the Party’s position.
“We urge all Party members and the millions of our supporters to remain calm, confident and focused.
“The African Democratic Congress remains committed to the task of providing Nigerians with a credible alternative and will continue to pursue that mission in accordance with the Constitution and the rule of law.”,
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