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The Court of Appeal in Abuja has affirmed the judgment of the Federal High Court 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 of two to one, the appellate court upheld the April 29, 2026 judgment of the Federal High Court, ruling that the restraining order remains valid and binding.
Delivering the lead judgment, Justice Okon Abang held that the appeal lacked merit and found no reason to set aside the order issued by the lower court.
The court ruled that the responsibility for conducting state congresses rests with duly elected state executive committees, not the party’s national leadership or caretaker committees constituted from the centre.
It held that the existing elected state executives remain the lawful organs empowered to organise such congresses unless replaced in accordance with the party’s constitution or other lawful internal processes.
By affirming the lower court’s decision, the Court of Appeal maintained that INEC must not recognise or participate in any state congresses organised by committees appointed by the David Mark-led caretaker committee for as long as the order remains in force.
The court said any congress conducted in defiance of the order would not enjoy the participation or official recognition of the electoral commission.
The judgment is expected to impact the ADC’s ongoing leadership restructuring efforts as the party seeks to address its internal crisis ahead of future political activities and elections.
The appellate court also emphasised the need for strict compliance with existing court orders, noting that disputes within political parties must be resolved through lawful procedures and in accordance with judicial directives.
It reaffirmed that INEC remains restrained from recognising or participating in any state congresses organised by committees appointed by the Senator David Mark-led caretaker leadership of the ADC, leaving the Federal High Court’s order in full effect.
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