Court affirms Federal High Court ruling protecting elected state executives; judgment delivered in a split 2–1 decision.
The Court of Appeal has upheld a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising state congresses conducted by committees appointed by the caretaker leadership of the African Democratic Congress (ADC) led by former Senate President David Mark.
In a split 2–1 decision delivered by a three-member panel, the appellate court ruled that there was no basis to overturn the order earlier issued by the Federal High Court in Abuja on April 29. The lead judgment was delivered by Justice Okon Abang.
The appellate court also affirmed the ruling of Justice Joyce Abdulmalik of the Federal High Court, which restrained the David Mark-led caretaker leadership from interfering with the tenure and functions of elected state executive committees of the party.
According to the majority judgment, the responsibility for conducting state congresses lies with the elected state executive committees rather than the national leadership of the political party.
Justices Okon Abang and Donatus Okorowo formed the majority, agreeing that INEC should not recognise the outcomes of state congresses conducted by committees appointed by the Mark-led caretaker administration.
However, the presiding member of the panel, Justice Abba Mohammed, delivered a dissenting judgment. He held that the dispute arose from the internal affairs of a political party, which he described as a non-justiciable matter. Justice Mohammed argued that the Federal High Court lacked jurisdiction to entertain the suit in the first place.
The ruling is expected to have implications for the ADC's internal administration and the recognition of party structures at the state level, particularly concerning congresses conducted under the caretaker leadership.
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