The Senator representing Anambra Central Senatorial District and Chieftain of the African Democratic Congress, (ADC), Senator Victor Umeh has accused some members of the judiciary of undermining democracy and the rule of law, insisting that courts cannot determine the leadership of political parties.
The senator, speaking ahead of the ADC National Convention, maintained that disputes over party leadership are internal matters that should not be decided by the courts.
He said this in an interview with ARISE NEWS on Monday.
“Let me say that it’s very sad in our democracy today that people just get up and ignore the laws of the country, ignore binding decisions of the highest court in Nigeria on matters under reference, and they continue to do things as if those things do not exist. Some judges lend themselves to be used to undermine both democracy and the rule of law,” he said.
Adding, Sen. Umeh said: “If you get to see what was filed at the Federal High Court in Abuja, it will be clear to you that the issue brought before the court has to do with the leadership of a political party, internal affairs of a political party. Long before now, the Supreme Court had since ruled around 1983 in a matter, Onuora v. Okafor, that courts do not entertain political questions. In other words, matters involving internals of political parties are not justiciable. You cannot take such matters to the court and ask the court to answer a political question: who is the chairman of a party? Who is the leader of a party? You cannot do that. That has been since 1983,” he stressed.
Continuing his argument, Umeh explained that the suit filed by Nafiu Bala Gombe at the Federal High Court specifically challenges the positions of David Mark and Adebayo Shittu as National Chairman and National Secretary of the ADC respectively.
“The issue here is that one Nafiu Bala Gombe went to the Federal High Court to challenge David Mark and Adebayo Shittu as National Chairman and National Secretary of ADC respectively, and he asked the court to hold that they are not in that office. That’s what was filed in the courts.”
According to him, since the case centers on the internal leadership of a political party, it falls within matters the courts should not adjudicate, citing several Supreme Court rulings that political party affairs are internal issues.
“So the subject matter of this suit is the leadership of African Democratic Congress. I’m laying the foundation telling you that the Supreme Court had severally ruled that internal affairs of political parties are not justiciable. And that being the case, the matter that was filed at the Federal High Court in Abuja cannot be entertained by that court,” he maintained.
Responding to questions about the seeming contradiction in his position, Sen. Umeh clarified that during his time as APGA chairman, he only faced leadership suits in court as a defendant, and such cases ended with courts declining jurisdiction.
“What I’m telling you is that I have been sued in a number of cases at various courts. I’ve always been at the court as a defendant, as National Chairman of APGA. I’m trying to tell you the experience I’ve had, that I’ve gone through all up and down in this type of matter and they have always ended one way: no jurisdiction,” he clarified.
Referencing the Electoral Act 2026, Section 83(5), Umeh insisted that even if earlier rulings were interpreted differently, the Supreme Court has consistently affirmed that courts lack jurisdiction over internal affairs of political parties.
“The Electoral Act 2026, which we, the National Assembly enacted. I’m a member of the Senate, I was part of this making of this Act amendment—and if you go to Section 83, Subsection 5 of this Act, you will see what is contained here. It says: ‘Subject to the provision of Subsection 3, no court in Nigeria shall entertain jurisdiction over any suit or matter pertaining to the internal affairs of a political party’.
“This is the law, the current law, enacted just two months ago. So, what will a court be doing in wanting to determine who is chairman of a party? No jurisdiction. And some judges who are prudent have continued to deliver courageous judgments in such matters,” Umeh reiterated.
Responding to concerns about a possible internal crisis at the upcoming convention, the ADC Chieftain dismissed fears of a power struggle, insisting that there is unity within the ADC.
“There’s no power struggle breaking out in our convention tomorrow. The party is booming, and all the people in the party are united in their efforts to give Nigerians an alternative party to the ruling party. Nigerians must exercise a right of choice, and that’s the beauty of any democracy.”
Addressing criticism that the ADC is made up of recycled politicians, Sen. Umeh dismissed the claim, arguing that major political parties also emerged from the movement of experienced politicians and mergers.
“That’s what they say to dismiss what is happening. The APC itself was a conglomeration of old politicians, all migrated in 2015 to form it. Power is the juice that people come to drink. Once a party gets power, people will continue to go to that party until they are defeated in an election. All of them will scatter again. If for any reason APC loses this national election now, more than 90% of its membership would desert.
“It is the same thing. Nobody can throw stones when you live in a glass house. There is nobody who is in APC that will accuse any member of APC of being an old politician. All of them have been in various parties, both PDP and all manners of parties in the past,” he said.
Adding, he said political realignments are normal in democracies and insisted that what matters is allowing citizens to freely choose leaders through credible elections.
“So I think what is central at this time is that we have to run our democracy in such a way that even if you’re the ruling party, you should allow the people—the citizens of the country, who are the owners of this power that you are exercising—to tell you that you have done well, ‘We vote for you again, continue,’ or that you have not done well, ‘Please, we give you a red card.’ Let’s liberate the democratic space and allow citizens freedom of choice. This attempt to muzzle the opposition must be rejected by everybody because this is the way to nurture democracy,” Sen. Umeh said.
On what differentiates the ADC from other parties, Umeh said the party prioritises the rule of law and democratic accountability, stressing that any ADC-led government would respect citizens’ right to vote leaders out.
“Well, what makes us different, at least right now, is that we are the people who are fighting to uphold both the rule of law and keeping the tenets of democracy. IF ADC, for any reason, wins the election, for example, we must allow the citizens to vote us out when they are no longer happy with us. We are committed to this,” he pledged.
Addressing concerns about petitions challenging the leadership of the ADC, Umeh dismissed allegations against the Senator David Mark-led executive, insisting the leadership transition was collectively agreed and properly conducted with INEC oversight.
“At the NEC meeting where ADC elected this new set of executives, INEC was there, monitored it, and produced a report from there. Even if you go to the court now, you’ll see the affidavit filed by INEC that they monitored and observed the proceedings, and indeed that David Mark was properly elected at the NEC meeting as National Chairman and Arabo Shehu as National Secretary, among other officers. So, that’s what they took back to their commission, and the report was approved, and then they uploaded their names on the portal as having emerged through a due process—through a due process,” he explained.
Sen. Umeh also rejected claims that rival “factions” exist within the party, arguing that such descriptions are misleading because factionalism only arises when legitimate party leadership structures are formally divided.
“What makes a faction? A faction is when the leadership of a party is divided into two. On what basis? If there is a disagreement, and the chairman is leading some people, and the secretary is leading some people within the same organs—within the same organs—then the party is now divided. If it is not that way, it cannot be a faction.”
On ADC’s National Convention scheduled for tomorrow, the ADC Chieftain insisted there is no court order stopping the exercise, expressing confidence that it will proceed as planned.
“There is no order made to stop our congresses or convention. No order was made. I would want to say that the National Convention is not purported to be scheduled to hold tomorrow; it will hold tomorrow,” he assured.
Favour Odima
Follow us on:
