The Court of Appeal in Abuja has upheld a Federal High Court order restraining the Independent National Electoral Commission (INEC) from recognising state congresses conducted by the caretaker leadership of the African Democratic Congress (ADC) led by former Senate President David Mark.
In the lead judgment, Justice Okon Abang, supported by Justice Donatus Okorowo, dismissed the ADC’s appeal and affirmed that only the party’s duly elected state executive committees have the constitutional authority to organise state congresses.
The court held that the caretaker committee lacked the legal power to appoint committees for that purpose.
Justice Abang also ruled that the congresses and national convention organised by the Mark-led leadership were null and void because they were conducted in defiance of an existing Federal High Court order issued on April 14.
He said the court had a responsibility to intervene whenever constitutional provisions were allegedly breached, stressing that such cases could not be treated as mere internal party affairs.
However, Justice Abba Mohammed dissented, arguing that the dispute concerned the internal affairs of the ADC and should not have been entertained by the courts.
The suit was filed by several ADC state officials, who challenged the caretaker committee’s decision to conduct state congresses, insisting that the move violated the party’s constitution and the 1999 Constitution.
They maintained that only elected party structures were empowered to organise such congresses.
The appellate court agreed with the earlier judgment of Justice Joyce Abdulmalik of the Federal High Court, which held that the tenure of the ADC’s elected state executive committees remained valid and that the caretaker leadership had no authority to interfere with their functions.
The Court of Appeal subsequently dismissed the ADC’s appeal, declared the congresses and national convention organised by the David Mark-led leadership invalid, and awarded N10 million in costs against the party.
