The Court of Appeal in Abuja has upheld a Federal High Court order restraining the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses conducted by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a split two-to-one judgment delivered on Monday, a three-member panel of the appellate court affirmed the April 29 ruling of the Federal High Court, which barred the Mark-led caretaker committee from conducting the party’s state congresses through appointed committees.
Delivering the lead judgment, Justice Okon Abang held that there was no basis to overturn the lower court’s decision. He also upheld the order restraining the caretaker leadership from interfering with the tenure and responsibilities of the ADC’s elected state executives.
The appellate court agreed with the trial court that the conduct of state congresses is the responsibility of duly elected state executive committees and not the party’s national caretaker leadership.
Justices Okon Abang and Donatus Okorowo formed the majority that upheld the restraining order, while the presiding Justice of the panel, Abba Mohammed, delivered a dissenting judgment.
In his minority opinion, Mohammed held that the dispute concerned the internal affairs of a political party and was therefore not justiciable. He ruled that the Federal High Court lacked jurisdiction to entertain the suit.
The judgment is expected to have significant implications for the ADC’s preparations for the 2027 general elections, as it could affect the validity of the presidential candidacy of former Vice President Atiku Abubakar and other candidates who emerged from the national convention organised by the David Mark-led faction.
The Federal High Court had earlier ruled that the four-year tenure of the party’s State Working Committees and State Executive Committees remained valid until properly constituted congresses and a national convention were conducted in accordance with the party’s constitution.
The suit, marked FHC/ABJ/CS/581/2026, was instituted by aggrieved ADC members, including Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Olona Yinka, Charles Idowu Omideji, Samuel Pam Gyang and Obianyo Patrick, who sued on behalf of all ADC state chairmen and state executive committees.
The defendants in the case include the ADC, Senator David Mark, Senator Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor, sued on behalf of the Caretaker/Interim National Working Committee, and INEC.
The plaintiffs challenged the decision of the caretaker leadership to appoint committees to conduct state congresses, arguing that the move violated the ADC Constitution. They maintained that only duly elected party organs have the constitutional authority to organise congresses.
In her judgment, Justice Joyce Abdulmalik agreed with the plaintiffs, holding that neither the 1999 Constitution nor the ADC Constitution empowered the David Mark-led caretaker committee to appoint committees for the conduct of state congresses.
She ruled that Section 223 of the Constitution requires political parties to conduct periodic elections based on democratic principles, while Article 23 of the ADC Constitution provides for the tenure of national and state officers.
Although courts generally avoid interfering in the internal affairs of political parties, Abdulmalik held that judicial intervention becomes necessary where constitutional or statutory violations are alleged.
She concluded that the tenure of the ADC’s elected state executives remained valid and that only those recognised structures possess the authority to organise state congresses, rendering any process initiated by the caretaker leadership invalid.
The trial court also dismissed the defendants’ preliminary objection challenging its jurisdiction, holding that the matter involved INEC and therefore fell within the jurisdiction of the Federal High Court under Section 251 of the Constitution.
It further held that the plaintiffs had exhausted the necessary legal requirements and possessed the locus standi to institute the action.
Affirming the lower court’s decision, the Court of Appeal said judicial intervention was necessary to “prevent anarchy and ensure the survival of democracy in Nigeria.”
Justice Abang held that the dispute could not be regarded as a mere internal party affair because it involved alleged constitutional infractions.
“Once a complaint before the court is anchored on a constitutional infraction, the shield of internal affairs drops and the veil is lifted for judicial intervention,” he said.
The appellate court consequently dismissed the appeal filed by the ADC, holding that the state congresses and national convention conducted by the David Mark-led caretaker committee were carried out in violation of a subsisting court order issued on April 14.
The court also awarded N10 million in costs against the party.
Reacting to the judgment, the ADC, represented by its National Welfare Secretary, Nkem Ukandu, said it would challenge the ruling at the Supreme Court.
