Appeal Court Upholds Order Barring INEC from Recognising Mark-Led ADC State Congresses

The Court of Appeal in Abuja has, in a split two-to-one judgment, upheld a Federal High Court order restraining the Independent National Electoral Commission (INEC) from recognising or participating in state congresses organised by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).

Delivering the lead judgment on Monday, Justice Okon Abang, who read the majority decision of the three-member panel, held that there was no basis to overturn the April 29 ruling of the Federal High Court presided over by Justice Joyce Abdulmalik.

The appellate court also affirmed the lower court’s order preventing the David Mark-led caretaker executives from interfering with the tenure and constitutional responsibilities of the party’s duly elected state executive committees.

The court agreed that the authority to conduct state congresses rests with elected state executive committees rather than the party’s national leadership.

Justices Okon Abang and Donatus Okorowo formed the majority, ruling that INEC must not recognise the outcome of any state congresses conducted by the Mark-led caretaker leadership.

However, the panel chairman, Justice Abba Mohammed, dissented. In his minority judgment, he held that the dispute was an internal affair of a political party and therefore not justiciable. He maintained that the Federal High Court lacked the jurisdiction to hear the matter in the first place.