Appeal Court upholds judgment barring INEC from recognising ADC congresses organised by Mark-led executives

Nigeria's Court of Appeal has affirmed a lower court's decision that bars the Independent National Electoral Commission (INEC) from recognizing state congresses organized by the David Mark-led caretaker leadership of the African Democratic Congress (ADC).

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it found no reason to set aside the restraining order the Federal High Court in Abuja had issued against the Mr Mark-led ADC on 29 April.

The appellate court, in a 2-1 majority ruling, found no grounds to overturn the Federal High Court's restraining order. This order prevents the Mark-led faction from interfering with the functions of the party's elected state executives. The court agreed that the responsibility for organizing state congresses lies with elected state committees.

Justices Okon Abang and Donatus Okorowo formed the majority, while Justice Abba Mohammed dissented. Mohammed argued the case concerned a non-justiciable internal party affair and that the trial court wrongly assumed jurisdiction.

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the case that precipitated the restraining order bordered on a non-justiciable internal affair of a political party.

The judgment could have significant implications for the presidential aspirations of former Vice President Atiku Abubakar and other candidates who emerged from the national congress organized by the Mark-led faction. The Federal High Court had previously affirmed the validity of the existing State Working Committees and State Executive Committees, stating their four-year tenure remains valid until properly constituted congresses and a national convention are held.

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the four-year tenure of the ADC’s State Working Committees and State Executive Committees remained valid and subsisting, pending the conduct of properly constituted congresses and the convocation of a national convention.