The Court of Appeal has dismissed an appeal filed by former Senate President David Mark and upheld the judgment of the Federal High Court restraining the Independent National Electoral Commission (INEC) from recognising state congresses conducted by committees appointed by the David Mark-led caretaker leadership of the African Democratic Congress (ADC).

In a split decision of two to one, a three-member panel of the appellate court, led by Justice Okon Abang, held that there was no basis to overturn the restraining order earlier issued by the Federal High Court in Abuja.

The appellate court also affirmed the decision of Justice Joyce Abdulmalik, which restrained the David Mark-led caretaker executives from interfering with the tenure and functions of the party’s duly elected state executive committees.

According to the majority judgment, the responsibility for conducting state congresses rests with elected state executive committees and not with the party’s national caretaker leadership.

Justices Okon Abang and Donatus Okorowo delivered the majority judgment upholding the restraining order, while the presiding justice of the panel, Justice Abba Mohammed, dissented.

In his minority judgment, Justice Mohammed held that the dispute concerned the internal affairs of a political party and was therefore not justiciable, arguing that the trial court lacked jurisdiction to entertain the case.