2027: Allowing judiciary to administer party affairs could hurt Nigeria’s democracy – ADC

The South-South Zonal Publicity Secretary of the African Democratic Congress, ADC, Mabel Oboh, has warned that allowing the judiciary to become the effective administrator of political party affairs could have far-reaching implications for Nigeria’s democratic development.

Oboh gave the warning while reacting to a recent Court of Appeal judgment that restrained the Independent National Electoral Commission, INEC, from recognising state congresses conducted under the authority of the Senator David Mark-led caretaker leadership of the party.

In a statement made available to DAILY POST, the party spokesperson said the judgment had reignited debate over the extent of judicial intervention in the internal affairs of political parties.

She maintained that while judicial oversight remains essential in upholding the rule of law, such intervention should be limited to ensuring compliance with legal provisions rather than assuming responsibility for the administration of political parties.

According to her, the ruling presents an opportunity for a broader national conversation on the constitutional boundaries between judicial oversight and the autonomy of political parties.

Oboh stressed that although the judiciary remains a critical pillar of Nigeria’s democracy, courts must exercise restraint when handling issues relating to the internal administration of political parties.

“No democracy can survive without an independent judiciary. Likewise, no political party can flourish if it is denied the right to manage its affairs in accordance with its own constitution. The real challenge is finding the right balance between judicial oversight and party autonomy.

“The legal dispute before the Court of Appeal centred on whether the ADC caretaker committee had the constitutional authority to appoint committees to conduct state congresses. Such questions are properly within the courts’ jurisdiction.

“This debate is bigger than the ADC. Tomorrow it could affect any political party in Nigeria. Political disagreements should, wherever possible, be resolved through transparent and democratic party processes, with judicial intervention reserved for genuine violations of the Constitution, the Electoral Act and party constitutions,” she said.

Referring to the provisions of the 1999 Constitution and the Electoral Act 2022, Oboh argued that while INEC is empowered to supervise party congresses, conventions and primaries, its role remains supervisory and not managerial.

She emphasised that neither INEC nor the courts are expected to administer the internal affairs of political parties.

“Where party processes are found to have breached either the party constitution or relevant laws, the appropriate judicial remedy should be to invalidate such processes and direct that fresh exercises be conducted in accordance with the party’s constitution.

“This approach restores legality without placing the judiciary in the position of choosing who should hold party offices.

“If the tenure of party officials had indeed expired on May 12, 2026, as claimed by the plaintiffs, any legal protections tied to that tenure would generally lapse on that date.

“Courts can preserve an existing legal right, but they cannot normally create a new tenure where none exists under the party’s constitution,” she added.

Oboh who also cited the Supreme Court decisions in Onuoha v. Okafor (1983), PDP v. Sylva (2012) and APC v. Marafa (2020), maintained that Nigerian courts have consistently recognised that although they may intervene where constitutional or statutory provisions are breached, they should avoid replacing the democratic organs of political parties.

She reaffirmed her confidence in the judiciary but noted that judicial independence must always be accompanied by constitutional restraint.

“The confidence Nigerians place in our courts depends not only on their willingness to decide difficult cases but also on their commitment to exercising power within constitutional limits.

“Maintaining the balance between judicial oversight and party autonomy is vital to strengthening the rule of law, protecting internal party democracy and safeguarding Nigeria’s democratic future,” she stated.