JUST IN: Appeal Court Upholds Order Restricting INEC from Recognising Mark-led ADC

The court of Appeal sitting in Abuja has affirmed the judgment restraining the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses organised by committees appointed by the Senator David Mark-led caretaker leadership of the party

In a split decision of two-to-one, a three-member panel of the appellate court, in a lead verdict delivered by Justice Okon Abang, said it found no reason to set aside the restraining order the Federal High Court in Abuja had issued against the Mark-led ADC on April 29.

It further upheld the order of trial Justice Joyce Abdulmalik, which restrained the Mark-led executives from interfering with the tenure and functions of the party’s elected state executives.

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The appellate court concurred that the responsibility for conducting state congresses of political parties rests with elected state executive committees, not with the national leadership.

While Justices Abang and Donatus Okorowo gave the majority verdict barring the electoral body from acknowledging the outcome of congresses held by the Mark-led leadership of the ADC, the head of the appellate court’s panel, Justice Abba Mohammed, gave a dissenting judgment.

In his minority decision, Justice Mohammed held that the case that precipitated the restraining order bordered on a non-justiciable internal affair of a political party.

He held that the trial court was wrong to have assumed jurisdiction to entertain the matter.