BREAKING: Appeal Court bars INEC from recognising ADC congresses conducted by David Mark-led caretaker committee

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

A three-member panel of the appellate court delivered the judgment on Monday, dismissing the appeal filed by the David Mark-led leadership in a split decision of two to one.

The court affirmed the April 29 judgment of Justice Joyce Abdulmalik of the Federal High Court, which restrained the caretaker leadership from conducting state congresses through appointed committees.

Delivering the lead judgment, Justice Okon Abang held that there was no basis to set aside the restraining order earlier issued against the David Mark-led faction.

The appellate court also upheld the order preventing the caretaker leadership from interfering with the tenure and functions of the party’s elected state executives.

The majority judgment ruled that the responsibility for conducting state congresses lies with the duly elected state executive committees and not the national caretaker leadership.

Justices Okon Abang and Donatus Okorowo agreed that INEC should not recognise the outcome of congresses conducted by the David Mark-led leadership, while the Presiding Justice, Abba Mohammed, dissented.

In his minority judgment, Justice Mohammed held that the matter was an internal affair of a political party and that the Federal High Court lacked jurisdiction to entertain the suit.

The case was instituted by seven aggrieved ADC members, who challenged the appointment of committees by the caretaker leadership to conduct state congresses, arguing that only duly elected party organs have the constitutional authority to organise such exercises.

The Court of Appeal further held that the tenure of the ADC’s State Working Committees and State Executive Committees remains valid until properly constituted congresses and a national convention are conducted.

It also declared the congresses and national convention organised by the David Mark-led leadership null and void for violating an earlier court order issued on April 14.

Justice Abang said the court had a duty to “prevent anarchy and ensure the survival of democracy in Nigeria,” stressing that constitutional violations justify judicial intervention.

The appeal was dismissed for lacking merit, with the court awarding ₦10 million in costs against the ADC.

Reacting to the judgment, the party’s National Welfare Secretary, Nkem Ukandu, disclosed that the decision would be challenged at the Supreme Court.

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