The Court of Appeal has affirmed a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising or participating in state congresses organised by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a split decision delivered by a two-member majority, the appellate court upheld the judgment of Justice Joyce Abdulmalik of the Federal High Court, Abuja, which had barred INEC from giving recognition to the congress committees constituted by the Mark-led faction.
Justice Okon Abang, who delivered the lead judgment and was supported by Justice Donatus Okorowo, dismissed the appeal filed by the ADC leadership and described it as lacking merit.
Justice Abba Mohammed, however, delivered a dissenting judgment, holding that the lower court lacked jurisdiction to entertain the matter because it bordered on the internal affairs of a political party.
The legal dispute followed the decision of the Mark-led leadership to dissolve ADC state executives and appoint caretaker committees to conduct fresh state congresses.
