Appeal Court bars INEC from recognising ADC congresses led by David Mark committee

The Court of Appeal sitting in Abuja has reaffirmed the restraining order granted against the Independent National Electoral Commission (INEC) in a case where it was prohibited from recognizing or attending any state congresses held by the committees constituted by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).

A three-man bench of the appellate court has handed down the verdict on Monday, dismissing an appeal instituted by the David Mark-led caretaker leadership, which was heard and decided on in a two-to-one ratio.

The Court of Appeal reaffirmed the April 29 judgment of Justice Joyce Abdulmalik of the Federal High Court restraining the caretaker leadership from conducting the state congresses by appointed committees.

Delivering the lead judgment, Justice Okon Abang opined that there is no way the restraining order granted against the David Mark-led group can be set aside.

The Court of Appeal further affirmed the restraining order against the caretaker leadership to prevent interference with the term and operations of the elected state executives of the party.

The lead judgment stated that conducting the state congresses is the job of the 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