The Court of Appeal in Abuja has upheld an order restraining the Independent National Electoral Commission, INEC, from recognising state congresses conducted by committees appointed by the David Mark-led caretaker leadership of the African Democratic Congress, ADC.
In a split decision of two to one, the appellate court affirmed an earlier judgment of the Federal High Court, which restrained the Mark-led leadership from interfering with the tenure and functions of the party’s elected state executive committees.
The court held that responsibility for conducting state congresses rests with duly elected state executive committees and not with the national caretaker leadership.
The appellate court also ruled that the congresses and national convention conducted by the Mark-led leadership were null and void because they were held in disobedience to an existing court order.
The judgment followed a suit filed by aggrieved members of the ADC, who argued that the caretaker committee lacked constitutional powers to appoint committees to conduct state congresses.
While one member of the three-man panel dissented, describing the matter as an internal party affair, the majority held that once a dispute involves alleged constitutional violations, the courts have the authority to intervene.
The Court of Appeal subsequently dismissed the ADC’s appeal and awarded a cost of ten million naira against the party.