Court Dismisses David Mark's Appeal on ADC Leadership

The Court of Appeal in Abuja has dismissed an appeal filed by former Senate President David Mark concerning the leadership structure of the African Democratic Congress (ADC). The three-member panel, comprising Justices Uchechukwu Onyemenam, Mustapha Okon, and Efreti Abang, unanimously ruled that the appeal was incompetent due to procedural flaws.

The court upheld preliminary objections challenging its jurisdiction, stating that the trial court's decision was merely procedural and did not constitute a final decision capable of sustaining an appeal. Justice Onyemenam highlighted that the appeal relied heavily on enrolled orders, which suggested a misunderstanding of the trial court's refusal to grant an ex parte application filed by Emeka Nwite.

The court concluded that the appeal failed to obtain the necessary leave to file, emphasizing that parties must first seek permission from the court before appealing. Justice Abang contributed an opinion that reinforced the need for clarity in legal proceedings, asserting that the right to appeal is not automatic.