Get Guardian on GoogleThe Court of Appeal in Abuja has affirmed the 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).
In a split two-to-one decision delivered on Monday, the appellate court upheld the ruling of Justice Joyce Abdulmalik, holding that the power to conduct state congresses rests with duly elected state executive committees, not the party’s national caretaker leadership.
The majority judgment, delivered by Justice Okon Abang and supported by Justice Donatus Okorowo, also affirmed the order restraining the Mark-led executives from interfering with the tenure and functions of the party’s elected state executives.
Justice Abba Mohammed dissented, holding that the dispute was an internal party affair outside the jurisdiction of the court.
The appeal court further held that the congresses and national convention conducted by the Mark-led leadership were null and void, having been held in defiance of a subsisting court order.
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