Atiku, ADC Defend Primaries as Court Voids Mark-Led Congresses

Former Vice President Atiku Abubakar and the African Democratic Congress (ADC) have defended the validity of the party’s 2027 primary elections after the Court of Appeal upheld a judgment voiding congresses conducted by committees appointed by the Senator David Mark-led caretaker leadership.

In a majority judgment delivered on Monday, the Court of Appeal affirmed an earlier Federal High Court ruling restraining the Independent National Electoral Commission (INEC) from recognising congresses organised by the caretaker committee.

The appellate court held that only duly elected state executive committees have the constitutional authority to conduct state congresses, declaring the congresses and national convention organised by the caretaker leadership invalid.

Justice Okon Abang, who delivered the lead judgment, stated that constitutional issues raised by the plaintiffs justified judicial intervention despite arguments that the dispute was an internal party matter.

He ruled that “once a complaint before the court is anchored on a constitutional infraction, the shield of internal affairs drops,” adding that judicial intervention was necessary to preserve democratic order.

The court also awarded N10 million in costs against the ADC.

However, the presiding Justice, Abba Mohammed, dissented, arguing that the matter involved the internal affairs of a political party and therefore fell outside the jurisdiction of the Federal High Court.

Reacting to the judgment, the ADC insisted that the decision had no effect on candidates who emerged through its direct primary elections.

In a statement signed by its National Publicity Secretary, Bolaji Abdullahi, the party disclosed that it had already commenced an appeal before the Supreme Court, describing the appellate court’s decision as legally unsustainable.

The party urged members and supporters to remain calm, maintaining that its candidates for the 2027 general election remained validly nominated.

Atiku Abubakar also dismissed suggestions that the judgment had invalidated the ADC’s presidential ticket.

Through his Senior Special Assistant on Public Communication, Phrank Shaibu, the former vice president argued that the judgment related only to party congresses and the tenure of state executives, not statutory primary elections conducted under the Electoral Act.

He stressed that party executive elections and candidate nomination exercises are separate legal processes governed by different constitutional principles.

Atiku expressed confidence that the Supreme Court would provide final clarity on the dispute, urging supporters not to be discouraged as the party pursues legal redress.