In a significant ruling on a protracted internal party dispute, the Abuja Division of the Court of Appeal has dismissed an appeal filed by former Senate President, Senator David Mark, concerning the leadership of the African Democratic Congress (ADC). The unanimous decision brings a pivotal procedural chapter to a close while directing the substantive matter back to the lower court for expedited hearing.
A three-member panel of Justices, comprising Uchechukwu Onyemenam, Mohammed Mustapha, and Okon Efreti Abang, struck out the appeal for being incompetent. The ruling followed the upholding of a preliminary objection which successfully challenged the appellate court’s jurisdiction to entertain the matter. The case, which involves respondents including Nafiu Bala Gombe, the ADC, Rauf Aregbesola, Ralph Nwosu, and the Independent National Electoral Commission (INEC), originated from proceedings before Justice Emeka Nwite of the Federal High Court in Abuja.
Delivering the lead judgment, Justice Onyemenam held that the appeal was fundamentally flawed. The core issue stemmed from an ex parte application at the trial court seeking interim injunctive relief. Justice Nwite had neither granted nor refused the application; instead, he directed that affected parties be put on notice to show cause why the relief should not be granted. The appellate court held that this directive was not a final decision capable of sustaining an appeal. The judges emphasized that the appellant had constructed grounds of appeal based on a document that did not accurately reflect the trial court’s actual decision, underscoring that a judge’s pronouncement in open court prevails over any conflicting enrolled order later drawn up in chambers.
In a concurring opinion, Justice Mohammed Mustapha stressed that only a direct party to proceedings enjoys an automatic right of appeal. Any other person claiming to be affected, he noted, must first obtain leave of court—a step the appellant did not take. The court also issued preservatory directions to ensure the pending proceedings at the Federal High Court are not undermined, ordering that the matter be heard on an accelerated basis in view of the electoral timetable. This ruling occurs amidst broader national conversations on legal and political stability, just as reports on petrol consumption hits new figures and the cost of cooking gas still concerns households. In parallel business news, entities like Deap Capital signs mou to start minerals and metals financing, highlighting diverse economic activities. Meanwhile, serious societal issues, such as a son arrested murder case, continue to demand judicial attention, distinct from international concerns over an alleged Christian genocide in other regions.
Ultimately, the Court of Appeal’s dismissal affirms the procedural sanctity of the lower court’s process, ensuring all parties are properly heard before any definitive ruling on the ADC leadership dispute is made.
