Lawyer and current affairs analyst Jimmy Abia has defended the Federal High Court’s judgment affirming the leadership of the African Democratic Congress (ADC), describing the ruling as legally sound and consistent with the Nigerian Constitution, the Electoral Act, and established judicial precedents
Speaking during an interview with ARISE NEWS on Friday, Abia maintained that disputes over the internal affairs of political parties are generally outside the jurisdiction of the courts except in limited circumstances provided by law.
On the court’s ruling, he stated:
“It doesn’t surprise me because from the outset we’ve always felt this was one of those instances involving the internal affairs of a political party, which should not ordinarily be a matter for the courts to determine.
Addressing the issue of the plaintiff’s legal standing, Abia argued that the claimant failed to establish the necessary legal interest required to challenge the party’s leadership.
“The question has always been what special damage he suffered that gave him the legal standing to challenge the emergence of the party’s leadership,” he said.
Speaking on the court’s decision to award costs against the plaintiff and his counsel, Abia said the judgment sends a strong message against frivolous litigation.
“Before approaching the court, litigants must determine whether there is a triable case and whether their legal rights have actually been infringed. People should not simply go to court because they can,” he stated.
On the implications of the judgment for the Independent National Electoral Commission (INEC), Abia said the electoral body is bound to comply with the court’s decision, noting that an earlier Supreme Court ruling had already restored the leadership of David Mark.
“The Supreme Court had already restored the leadership of David Mark. This judgment has now gone further to determine the substantive issues and affirm that David Mark was properly made chairman of the ADC,” he said.
Although another related matter remains before the courts, Abia expressed confidence that the outcome is unlikely to differ.
“It is unlikely that another court dealing with substantially the same issues would ignore this decision and arrive at an entirely different judgment,” he noted.
On the lessons for political parties, Abia urged greater reliance on internal dispute resolution mechanisms rather than litigation.
“It is not every issue that should get to court. Anyone seeking judicial intervention in internal party matters must first ensure the case falls within the recognised exceptions,” he said.
Speaking on the effect of the judgment on the party’s leadership, Abia said it provides a strong legal foundation for David Mark and the party’s current leadership.
“I think it gives them a very strong footing. Based on the soundness of this decision, I do not think the appellate court will depart from it,” he added.
Commenting on concerns over lower courts acting contrary to decisions of superior courts, Abia stressed that judicial officers who disregard binding orders should face consequences.
“Where a lower court goes against the judgment of a superior court, consequences should ordinarily follow. The parties concerned should bring the matter before the National Judicial Council for the appropriate action,” he stated.
Concluding, Abia maintained that adherence to established legal principles remains essential to preserving confidence in Nigeria’s judicial process.
“The judiciary can also check itself, but it is important that the relevant facts are brought before the appropriate body so that the right decision can be taken,” he added.
Goodness Anunobi
