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 the African Democratic Congress (ADC) leadership led by David Mark.
Delivering the lead judgment, Justice Okon Abang held that the trial court was right to grant the reliefs sought by seven ADC state chairmen, affirming that they are entitled to complete their four-year tenure under the party’s constitution.
The suit was filed by the state chairmen, who argued that the David Mark-led interim leadership lacked the constitutional authority to organise state congresses or appoint congress committees while elected state executives remained in office. They sought an order declaring that only duly constituted state executive committees could conduct state congresses.
The appeal challenged an earlier ruling by Justice Joyce Abdulmalik of the Federal High Court, which recognised the elected State Working Committees as the party’s legitimate state officials.
The appellate court dismissed the appeal, with Justice Donatus Okorowo ruling it lacked merit. The court also held that the dispute was not beyond judicial review, citing Supreme Court decisions affirming that courts may intervene when political parties breach their constitutions. It further ruled that the ADC’s elected state chairmen remain the only recognised party officials authorised to conduct state congresses.
