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Appeal Court Wrong to Uphold Judgment Nullifying ADC Congresses, Says Osunbor

Former Edo State Governor and Senior Advocate of Nigeria (SAN), Professor Oserheimen Osunbor, has criticized the Court of Appeal’s decision affirming the Federal High Court’s judgment nullifying the congresses and national convention of the African Democratic Congress (ADC), describing the ruling as legally flawed.

Speaking on the appellate court’s verdict, Osunbor argued that the majority judgment failed to correctly apply the law, insisting that the dispute over the party’s congresses was an internal affair that should not have attracted judicial intervention.

“The Court of Appeal was wrong to have upheld the Federal High Court’s decision. Matters relating to the conduct of political party congresses are generally internal affairs of the party and should not be subject to judicial interference except where there is a clear violation of constitutional or statutory provisions,” Osunbor said.

The Court of Appeal, Abuja Division, in a split judgment of two to one, had upheld the earlier ruling of the Federal High Court, which nullified congresses conducted by committees appointed by the David Mark-led caretaker leadership of the ADC.

The appellate court also restrained the Independent National Electoral Commission (INEC) from recognizing the congresses and affirmed that the party’s national convention conducted under the caretaker committee was invalid, holding that the exercise was carried out in violation of a subsisting court order. The court further awarded ₦10 million in costs against the party.

However, Osunbor maintained that the appellate court ought to have overturned the lower court’s judgment, arguing that established legal principles limit judicial involvement in the internal administration of political parties.

The majority of the appellate panel held that the case went beyond a mere internal party dispute because it involved alleged constitutional breaches and INEC’s role in recognizing party congresses, thereby justifying the court’s intervention.

The judgment has further heightened uncertainty over the ADC’s leadership and organizational structure, with legal observers suggesting the party may approach the Supreme Court to challenge the Court of Appeal’s decision.

As of the time of filing this report, the ADC had yet to officially indicate whether it would pursue a further appeal.

Bamidele Atoyebi

Bamidele Atoyebi

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