Appeal Court Affirms Ruling Barring INEC from Recognizing Mark-led ADC Congresses

Nigeria's Court of Appeal has upheld a Federal High Court decision that prevents the Independent National Electoral Commission (INEC) from recognizing congresses organized by a faction of the African Democratic Congress (ADC) led by Senator David Mark. The appellate court, in a split decision, affirmed that the Mark-led leadership acted improperly by dissolving existing state leadership and appointing caretaker committees to conduct party congresses. The original suit was brought by seven aggrieved state chairmen who argued that the Mark-led faction usurped their constitutional powers. The Federal High Court had previously ruled that the ADC's actions violated its own constitution, particularly as the tenure of the state executives had been extended. The appellants, including Mark and National Secretary Ogbeni Rauf Aregbesola, had argued that the trial court lacked jurisdiction over the party's internal affairs. However, the majority decision of the appellate court found no reason to overturn the lower court's verdict, drawing parallels to a Supreme Court resolution in a similar case involving the PDP. The court emphasized that actions violating a party's constitution are invalid.

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where an appellant violated its Constitution, the action tr