The Court of Appeal in Abuja has upheld a Federal High Court order preventing the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses organised by committees appointed by the David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a two-to-one majority judgment, the appellate court ruled that there was no reason to overturn the restraining order earlier issued by the Federal High Court on April 29.
The court also affirmed an earlier ruling barring the Mark-led caretaker executives from interfering with the duties and tenure of the party’s elected state executives.
According to the court, the responsibility for conducting state congresses lies with the party’s elected state executive committees, not the national caretaker leadership.
The court further held that the congresses and national convention organised by the Mark-led ADC were null and void because they were conducted in violation of an existing court order issued on April 14.
Justices Okon Abang and Donatus Okorowo delivered the majority judgment, while Justice Abba Mohammed dissented.
The ruling means INEC cannot recognise the outcome of any state congresses conducted by the Mark-led caretaker leadership until the legal issues surrounding the party’s leadership are resolved.
