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Abuja’s High Court ruling on ADC: May be judicially correct, but politically potent

Federal High Court, Lagos State
Federal High Court, Lagos State.

The recent judgment of the Federal High Court in Abuja, which invalidated the leadership of the African Democratic Congress (ADC) led by Senator David Mark, has introduced a new dimension to the political calculations ahead of the 2027 general elections. The court also nullified decisions taken under the Mark-led leadership, including the nomination of candidates for the various elective positions in the forthcoming elections.

The implications are far-reaching. If the judgment is upheld on appeal, the ADC, as presently constituted under the David Mark-led leadership, could effectively be shut out of the 2027 elections. This would not only affect its presidential candidate but also thousands of other candidates seeking elective offices across the country.

The ruling has understandably generated divergent reactions. While some have expressed shock and concern over its implications for the opposition and the country’s democratic process, others have dismissed the development, arguing that similar occurrences have happened in the past and that heaven would not fall if the ADC were eventually excluded from the elections.

There is, however, a need to approach the matter with considerable caution. The court’s decision must be respected, just as the right of an aggrieved party to seek redress through the judicial process must be protected. Indeed, the ADC has indicated its intention to challenge the judgment and has already approached the Court of Appeal. The legal process must therefore be allowed to run its course, potentially up to the Supreme Court, whose decision will provide the final judicial determination.

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Beyond the legal arguments, however, lies a much bigger political question: what are the implications for Nigeria’s democracy if a major opposition party is excluded from the electoral contest?
My position is that it is far better to have the African Democratic Congress (ADC) on the ballot and allow the electorate to decide its electoral fortunes, than to have the party excluded from the elections and potentially become a symbol of political resistance. Losing an election through the ballot box is an entirely different experience from being denied the opportunity to participate in one.

Elections are not merely about who wins or loses. They are also about providing citizens with choices, allowing competing political interests to express themselves and giving the electorate the opportunity to determine who governs them. The credibility of a democratic process is strengthened when political parties and their candidates are allowed to compete within the framework of the law.

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I am particularly concerned that the exclusion of the ADC could generate political sentiments and reactions that may be difficult to contain. This is not to suggest that the party or its supporters are entitled to any special treatment, or that the courts should compromise the law to accommodate political interests. Rather, it is a recognition that judicial decisions, even when legally justified, can have consequences beyond the immediate parties to a dispute.

Those who argue that heaven will not fall if the ADC is excluded from the elections are entitled to their opinions. However, they do not love Nigeria more than those of us who are advocating caution. Our concern is not necessarily about the political fortunes of David Mark, Atiku Abubakar or any other individual. It is about the larger implications for our democracy and the stability of the country.

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The courts must remain independent, the rule of law must prevail, and political parties must conduct their affairs in accordance with their constitutions and the laws of the land. Equally important, however, is the need to ensure that the democratic space remains open and that Nigerians are not unnecessarily deprived of meaningful electoral choices.

Ultimately, the 2027 elections should be an opportunity to strengthen our democracy, not create circumstances that could undermine public confidence in the electoral process. It is better for the ADC to contest and lose at the polls than to be excluded from the contest and win the sympathy of those who might otherwise have voted against it.

Wale Oloko
Policy Analyst writes from Lagos.

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