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Rights activist and legal practitioner, Maduka Onwukeme, has said the planned appeal by the Senator David Mark-led faction of the African Democratic Congress (ADC) against the court judgment on the party’s leadership crisis will be a defining test of the judiciary’s commitment to democracy and constitutionalism.
Onwukeme said the party retained the right to challenge the judgment at the appellate court, noting that the leadership dispute had previously travelled to the Supreme Court, where an interlocutory appeal was decided in favour of the David Mark-led executive.
Reacting to the latest judgment, the legal practitioner stressed that the substantive suit had now been determined, adding that the Mark-led leadership had already indicated its intention to appeal the decision.
He recalled that Justice Joyce Abdulmalik had earlier delivered a similar ruling in a related suit challenging the leadership of the David Mark-led executive, despite the pendency of the present case and the appeal arising from the earlier proceedings.
According to him, the ADC had successfully challenged Justice Abdulmalik’s ruling, making the forthcoming appeal another critical phase in the protracted leadership battle.
Onwukeme described the appeal as an ultimate test of the judiciary’s capacity to serve as an impartial arbiter and defender of the Constitution and Nigeria’s democratic institutions.
He said the outcome would have implications beyond the internal leadership struggle of the ADC, particularly for the openness of the country’s political space and the ability of opposition parties to participate fully in the 2027 general elections.
“I believe this appeal will be the ultimate test of the judiciary as a fair arbiter and defender of the Constitution and the nation’s democracy, as whatever judgment comes from the appeal will determine whether the democratic space will be widened or restricted,” he said.
The activist expressed hope that the legal battle would ultimately strengthen Nigeria’s democracy, regardless of the outcome, while urging the judiciary to accord the appeal accelerated hearing.
He argued that an early determination of the matter was necessary to provide certainty for the contending parties and enable them to establish their eligibility to participate in the 2027 elections without being caught in prolonged legal uncertainty.
Onwukeme said the overriding consideration should be the preservation of democratic values and the protection of political participation, stressing that the judiciary must ensure that justice is not only done but delivered in good time to safeguard the democratic process.
