The Court of Appeal has restrained the Independent National Electoral Commission (INEC) from recognising state congresses conducted by committees appointed by the African Democratic Congress (ADC) National Caretaker Committee led by former Senate President, Senator David Mark.
The judgment, delivered on Monday in a split decision, upheld an earlier ruling of the Federal High Court, which barred the caretaker committee from interfering with the powers and tenure of the party’s elected state executive committees.
The appellate court ruled that only duly elected state executive committees have the constitutional authority to conduct state congresses, and not committees appointed by the caretaker leadership.
Justice Okon Abang, who delivered the lead judgment, held that the trial court was right to stop INEC from recognising the outcome of the disputed congresses. Justice Donatus Okorowo agreed with the judgment, while Justice Abba Mohammed dissented, arguing that the matter was an internal party affair.
The case was filed by members of the ADC who challenged the decision of the caretaker committee to appoint committees to organise state congresses across the country.
According to the court, neither the Nigerian Constitution nor the ADC Constitution gives a caretaker National Working Committee the power to appoint committees for that purpose.
The court also ruled that the congresses and national convention conducted by the caretaker committee while a subsisting court order was in place were null and void.
In addition, the Court of Appeal dismissed the appeal filed by the party and awarded ₦10 million in costs against the ADC.
Reacting to the judgment, Edo State ADC Chairman, Kennedy Odion, described the decision as a victory for the party’s constitution and its elected state executive committees.
Odion said the ruling had brought clarity to the leadership dispute within the party and commended the court for what he called a fair judgment.
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