by Solomon Dalung
Following recent developments within the African Democratic Congress (ADC), particularly after the recent decisions of the Supreme Court and the subsequent exit of some prominent members of the party over alleged endless court cases, it has become imperative for me to make certain clarifications.
While the departure of these prominent members is regrettable, their reasons for leaving the party, in my candid opinion, stem largely from uncertainty in the pursuit of personal political ambitions, or perhaps an unwillingness to participate in a healthy and competitive democratic contest.
The decisions of the Supreme Court in the trio of cases involving the PDP and ADC were clear, comprehensive, and far-reaching. The apex court extensively dealt with the issue of judicial interference in the internal affairs of political parties. The Court also dismissed as unnecessary and irrelevant the so-called restorative or protective orders earlier issued by the Court of Appeal.
Furthermore, the controversial phrase “return to status ante bellum,” which became an instrument of mischief in the hands of the Independent National Electoral Commission (INEC) against the ADC, was thoroughly examined by the Supreme Court.
My Lords painstakingly traced the jurisprudential history of the principle and made it abundantly clear that the phrase simply means “the state of affairs before the conflict” that is, the position existing before the commencement of litigation. The Supreme Court therefore exposed the distortions and deliberate misinterpretations that had surrounded the concept.
In summary, the Justices of the Supreme Court reaffirmed the settled position of the law that courts have no jurisdiction over the internal affairs of political parties except in matters relating to the conduct of party primaries.
The Court further emphasized that the long-established judicial precedents on non-interference in party affairs have now been codified under Section 83(5) of the Electoral Act. Consequently, no court has jurisdiction to interfere in the internal affairs of political parties in Nigeria outside the constitutionally recognized exceptions.
What then becomes the fate of the pending cases and judgments in various courts? Those matters may continue procedurally, but they no longer constitute any threat whatsoever to the African Democratic Congress. The necessary preliminary objections will be raised by counsel to bring the issues to rest in line with the clear position of the Supreme Court.
The African Democratic Congress remains healthy, stable, and firmly on course. ADC will undoubtedly be on the ballot in 2027 as a credible political platform for Nigerians seeking genuine democratic alternatives.
For me, there is no shaking. I remain firmly committed to the Coalition and proudly still in ADC.
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