The Court of Appeal in Abuja has upheld a Federal High Court judgment restraining the Independent National Electoral Commission from recognising or participating in state congresses organised by the David Mark-led leadership of the African Democratic Congress.
In a split judgment of two to one delivered on Monday, the appellate court affirmed the April 29 ruling of Justice Joyce Abdulmalik.
The trial court had restrained INEC from recognising state congresses conducted by the party’s caretaker leadership, holding that the tenure of the ADC’s state working committees and state executive committees remains valid pending the conduct of properly constituted congresses and a national convention.
Justice Abdulmalik ruled that neither the Constitution nor the party’s constitution empowers the caretaker National Working Committee led by former Senate President David Mark to appoint committees to conduct state congresses.
The court held that the responsibility for conducting state congresses rests with the party’s state executive committees and not the national leadership.
The suit was instituted by aggrieved party members, including Don Norman Obinna, Johnny Tovie Derek, Obah Ehigiator, Olona Yinka, Charles Omideji, Samuel Pam Gyang and Obianyo Patrick, who challenged the caretaker committee’s authority to organise the congresses.
The plaintiffs argued that the caretaker leadership lacked the constitutional powers to conduct state congresses or appoint committees for that purpose, a position upheld by both the Federal High Court and the Court of Appeal.
