‎Appeal Court Upholds Order Against David Mark-Led ADC, Bars INEC from Recognising State Congresses

The Court of Appeal has dismissed an appeal filed by former Senate President David Mark and affirmed a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising state congresses conducted by committees appointed by the caretaker leadership of the African Democratic Congress (ADC).

‎In a split decision of two to one, a three-member panel of the appellate court upheld the April 29 ruling of the Federal High Court in Abuja, which barred the Mark-led caretaker committee from conducting or relying on state congresses organised through appointed committees.

Delivering the lead judgment, Justice Okon Abang held that there was no basis to overturn the decision of the lower court, affirming that the restraining order was properly granted.

‎The appellate court also sustained the order issued by Justice Joyce Abdulmalik, which restrained the caretaker leadership from interfering with the tenure, powers and functions of the party’s duly elected state executive committees.

‎The majority judgment further held that, under the party’s structure, the responsibility for conducting state congresses rests with the elected state executive committees rather than the national leadership or any caretaker body.

Justices Okon Abang and Donatus Okorowo formed the majority that upheld the judgment, effectively preventing INEC from recognising the outcome of any state congresses conducted by committees constituted by the David Mark-led caretaker leadership.

Advertisement

‎However, the presiding Justice of the panel, Justice Abba Mohammed, dissented.

‎In his minority judgment, Justice Mohammed held that the dispute arose from the internal affairs of a political party, which he described as non-justiciable. He maintained that the Federal High Court lacked the jurisdiction to entertain the matter and should not have assumed authority over the dispute.

‎The majority decision, however, remains the binding judgment of the Court of Appeal, leaving the Federal High Court’s restraining orders against the Mark-led ADC leadership in force.