Appeal Court Upholds Order Restricting INEC from Recognising ADC Congresses Organised by Mark-led Caretaker Committee By Oko Onah

ABUJA — The Court of Appeal in Abuja has upheld a Federal High Court 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 African Democratic Congress (ADC).

In a split judgment delivered on Tuesday, the three-member appellate panel ruled by a two-to-one majority that there was no basis to overturn the lower court's decision.

Delivering the lead judgment, Justice Okon Abang affirmed the April 29 ruling of the Federal High Court, presided over by Justice Joyce Abdulmalik, which barred the caretaker leadership from interfering in the affairs of the party's duly elected state executive committees.

The appellate court also upheld the lower court's finding that the responsibility for conducting state congresses lies exclusively with the elected state executive committees, rather than the party's national caretaker leadership.

Senator David Mark, ADC fractionals leader.

The ruling effectively sustains the restraining order preventing INEC from recognising or participating in congresses organised by committees constituted by the Mark-led caretaker administration.

Reacting to the judgment, the ADC maintained that the ruling does not invalidate candidates who emerged through the party's direct primary elections, insisting that their nominations remain unaffected.

Nigeria legal status that defined its true meaning 

Meanwhile, efforts to obtain INEC's official response to the judgment were unsuccessful as of the time of filing this report. Calls and text messages sent to the commission's spokesperson were not returned.

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