The Court of Appeal in Abuja has restrained the Independent National Electoral Commission (INEC) from recognising or participating in state congresses conducted by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a split 2-1 judgment delivered on Monday, the appellate court upheld an earlier ruling of the Federal High Court, which barred the Mark-led caretaker committee from conducting state congresses or interfering with the party’s elected state executives.
Delivering the lead judgment, Justice Okon Abang held that there was no basis to set aside the lower court’s decision, stressing that only duly elected state executive committees have the legal authority to organise party congresses.
The court further declared that congresses conducted under the caretaker committee were null and void, having been held in defiance of a valid court order.
However, the presiding justice, Abba Mohammed, dissented, arguing that the dispute was an internal party matter that should not have been decided by the court.
The ruling is expected to impact the validity of congresses conducted by the David Mark-led faction and could affect candidates who emerged from the exercise ahead of the 2027 general elections.
Reacting to the judgment, the ADC said it would challenge the ruling at the Supreme Court.
