The Court of Appeal sitting in Abuja has upheld a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses organised by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a split 2-1 decision delivered on Monday, a three-member panel of the appellate court, led by Justice Okon Abang, affirmed the earlier ruling of Justice Joyce Abdulmalik, holding that there was no basis to set aside the restraining order issued on April 29, 2026.
The appellate court also upheld the lower court’s decision restraining the caretaker leadership from interfering with the tenure and functions of the party’s duly elected state executive committees. It ruled that the responsibility for conducting state congresses rests with elected state executive committees, not with a caretaker national leadership.
Justices Okon Abang and Donatus Okorowo formed the majority, while the presiding justice of the panel, Justice Abba Mohammed, dissented. In his minority judgment, Justice Mohammed held that the dispute was an internal affair of a political party and therefore not justiciable, arguing that the Federal High Court lacked jurisdiction to entertain the matter.
The judgment is expected to have significant implications for the ADC ahead of the 2027 general elections, particularly regarding the validity of candidates who emerged through processes conducted by the David Mark-led caretaker leadership.
The case originated from a suit filed by several aggrieved members of the ADC, including Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr. Charles Idowu Omideji, Samuel Pam Gyang and Obianyo Patrick, who sued on behalf of the party’s state chairmen and state executive committees.
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The defendants included the ADC, Senator David Mark, Senator Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Prof. Oserheimen Osunbor, who were sued on behalf of the Caretaker/Interim National Working Committee, as well as INEC.
The plaintiffs challenged the caretaker committee’s decision to appoint committees to conduct state congresses, arguing that such actions violated the party’s constitution. They maintained that only duly elected party organs possess the constitutional authority to organise congresses.
Justice Abdulmalik had earlier ruled that neither the 1999 Constitution nor the ADC Constitution empowered the caretaker committee to appoint committees for the conduct of state congresses. She further held that the tenure of the party’s state executive committees remained valid until properly constituted congresses and a national convention were conducted.
The trial court also rejected preliminary objections challenging its jurisdiction, holding that the matter involved INEC and constitutional questions, thereby bringing it within the jurisdiction of the Federal High Court under Section 251 of the 1999 Constitution.
Affirming the lower court’s decision, the Court of Appeal held that judicial intervention was necessary to prevent constitutional breaches and preserve democratic order.
“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,”
Justice Abang stated in the lead judgment, relying on a recent Supreme Court decision involving the leadership crisis in the Peoples Democratic Party (PDP).
The appellate court consequently dismissed Appeal No. CA/ABJ/CV/608/2026 filed by the ADC and held that the state congresses and national convention conducted by the David Mark-led caretaker leadership were null and void, having been held in defiance of an existing court order issued on April 14, 2026.
The court also awarded costs of ₦10 million against the ADC.
Reacting to the judgment, the party, represented by its National Welfare Secretary, Nkem Ukandu, announced that it would challenge the decision at the Supreme Court.
