Senator Victor Umeh, representing Anambra Central Senatorial District and a prominent figure in the African Democratic Congress (ADC), has publicly stated that certain elements within the judiciary are actively compromising democracy and the established rule of law. He firmly believes that courts are overstepping their boundaries by attempting to resolve leadership disputes within political parties, characterising such interventions as an affront to democratic principles.
Speaking in the lead-up to the ADC's National Convention, Senator Umeh stressed that issues concerning the leadership of a political party are fundamentally internal matters that ought not to be subject to judicial pronouncements. He expressed disappointment that some judges appear willing to be manipulated into undermining democratic processes and legal frameworks.
"It is quite disheartening in our democracy today to witness individuals disregard the nation's laws and binding judgments from the highest court on pertinent issues, proceeding as if these legal pronouncements do not exist. Unfortunately, some judges allow themselves to be instrumentalised in undermining both democracy and the rule of law," Senator Umeh remarked.
He further elaborated on the legal basis for his stance, pointing to a Supreme Court ruling from 1983 in the case of Onuora v. Okafor, which established that courts should not entertain "political questions." This precedent, he explained, means that internal party affairs, such as determining who leads a party, are non-justiciable and cannot be brought before a court for a ruling.
"The case brought before the Federal High Court in Abuja clearly concerns the leadership of a political party, an internal party matter. The Supreme Court has long established, since 1983, that courts do not entertain political questions. In other words, matters involving the internal workings of political parties are not justiciable. You cannot approach a court and expect it to answer a political question: Who is the chairman of a party? Who is the leader of a party? This has been the position since 1983," he emphasised.
Senator Umeh specifically referenced a lawsuit filed by Nafiu Bala Gombe at the Federal High Court in Abuja, which challenges the legitimacy of David Mark and Adebayo Shittu as the National Chairman and National Secretary of the ADC, respectively. He argued that the court's involvement in such a dispute is inappropriate given the nature of the issue.
"The core of this lawsuit involves the leadership of the African Democratic Congress. I am establishing the background by informing you that the Supreme Court has ruled on multiple occasions that the internal affairs of political parties are not subject to judicial review. Therefore, the matter filed at the Federal High Court in Abuja cannot be heard by that court," he asserted.
Addressing potential confusion about his position, Senator Umeh clarified his past experiences as the National Chairman of APGA. He noted that while he was a defendant in leadership-related lawsuits, those cases ultimately resulted in the courts declining jurisdiction.
"What I am conveying is my personal experience. I have been involved in numerous court cases, always as a defendant in my capacity as National Chairman of APGA. I am sharing my experience, which has consistently led to one outcome: courts acknowledging they lack jurisdiction in such matters," he clarified.
Furthermore, Senator Umeh highlighted Section 83(5) of the Electoral Act 2026, which he helped enact as a member of the National Assembly. This provision explicitly prohibits Nigerian courts from entertaining jurisdiction over any suit or matter pertaining to the internal affairs of a political party.
"This is the current law, enacted recently. So, what business does a court have in deciding who the chairman of a party is? They have no jurisdiction. Fortunately, many prudent judges continue to deliver courageous judgments in these matters," Umeh stated.
When questioned about potential internal conflicts ahead of the ADC's convention, Senator Umeh expressed confidence in the party's unity and dismissed concerns about power struggles, asserting that the ADC is strong and united in its aim to provide an alternative political platform.
He countered the narrative that the ADC is comprised of "recycled politicians" by pointing out that major parties, like the APC, were formed through the amalgamation of experienced politicians. He argued that political movements are often driven by the pursuit of power and that such shifts are a natural part of democratic politics.
"That's what they say to dismiss our movement. The APC itself was a coalition of older politicians who moved in 2015 to form it. Power is a major draw for people. When a party gains power, individuals gravitate towards it until they are defeated electorally. If the APC were to lose the current national election, over 90% of its members would likely depart. It's the same pattern. No one in the APC can point fingers at its members for being "old politicians" because they have all been members of various parties in the past, including the PDP," he explained.
Senator Umeh stressed the importance of allowing citizens the freedom to choose their leaders through credible elections, viewing political realignments as normal in a democracy. He urged for the liberation of the democratic space and the rejection of any attempts to suppress opposition, as this is crucial for nurturing democracy.
He articulated the ADC's distinctiveness by emphasizing its commitment to upholding the rule of law and democratic accountability. Umeh pledged that an ADC-led government would respect the electorate's right to vote out its leaders if dissatisfied.
"What sets us apart, at least currently, is our dedication to upholding both the rule of law and the principles of democracy. Should the ADC win an election, we commit to allowing citizens the right to vote us out if they become unhappy with our performance. This is our firm commitment," he declared.
Addressing allegations about petitions challenging the current ADC leadership, Umeh refuted claims of internal crises under the executive led by Senator David Mark. He affirmed that the leadership transition was a collectively agreed process, conducted with the oversight of the Independent National Electoral Commission (INEC).
"At the National Executive Committee (NEC) meeting where the ADC elected its current executives, INEC was present, monitored the proceedings, and produced a report. An affidavit filed by INEC in court confirms their observation of the process, including the proper election of David Mark as National Chairman and Arabo Shehu as National Secretary, among other officials. This report was subsequently approved by the commission, and their names were uploaded to the portal as having emerged through due process," he explained.
Senator Umeh also dismissed the notion of "factions" within the ADC, arguing that such terminology is inaccurate as factionalism arises only when legitimate party leadership structures are formally divided.
"What constitutes a faction? A faction emerges when the leadership of a party is split into two. On what grounds? If there is a disagreement, and the chairman leads one group while the secretary leads another within the same party organs, then the party is divided. If it's not in that manner, it cannot be a faction."
Regarding the upcoming ADC National Convention, Senator Umeh confirmed that there are no court orders preventing the exercise and expressed certainty that it will proceed as scheduled.
"There is no court order in place to halt our congresses or convention. No such order has been issued. I want to be clear: the National Convention is not purported to be scheduled for tomorrow; it will hold tomorrow," he assured.
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