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Appeal Court Upholds Order Restricting INEC from Recognising Mark-Led ADC Congresses

By Peace Erewunmi

The Court of Appeal in Abuja has upheld a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising state congresses conducted by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).

In a split 2–1 decision delivered on Monday, the appellate court affirmed that the congresses and the subsequent national convention organised by the caretaker committee were conducted in violation of an existing court order. Consequently, the court declared the exercises null and void.

The ruling also prohibits INEC from recognising or participating in any congresses conducted by the Mark-led caretaker committee, pending the resolution of the legal issues surrounding the party’s leadership.

The majority of the three-member panel held that the case raised constitutional and legal questions that fell within the jurisdiction of the courts, rejecting arguments that it was merely an internal party matter. However, one member of the panel dissented, maintaining that the dispute was an internal affair of the party and should not have been entertained by the court.

Additionally, the Court of Appeal awarded ₦10 million in costs against the ADC.

The judgment marks another significant development in the ongoing leadership crisis within the African Democratic Congress, with implications for the party’s internal structure and the recognition of its congresses by the electoral commission. While the ruling affects the validity of the Mark-led caretaker committee’s congresses, the broader leadership dispute within the party remains subject to ongoing legal proceedings.

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