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 state congresses organised by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a split decision delivered on Monday, a three-member panel ruled by a majority of two to one to dismiss the appeal filed by the ADC, affirming the judgment of the Federal High Court issued on April 29, 2026.
Justice Okon Abang, who delivered the lead judgment, said there was no basis to overturn the lower court's decision. Justice Donatus Okorowo agreed with the ruling, while Justice Abba Mohammed dissented, arguing that the dispute concerned the internal affairs of a political party and should not have been entertained by the court.
The appellate court also upheld the order restraining the Mark-led caretaker executives from interfering with the tenure and functions of the ADC's elected state executive committees. It held that the authority to conduct state congresses rests with elected state executive committees, not the party's national caretaker leadership.
The judgment reinforces an earlier Federal High Court decision that the tenure of the ADC's State Working Committees and State Executive Committees remains valid until properly constituted congresses and a national convention are held.
The suit was filed by several ADC members on behalf of the party's state chairmen and state executive committees. They challenged the decision of the caretaker committee led by Senator David Mark to appoint committees to conduct state congresses, arguing that the move violated the party's constitution.
The plaintiffs maintained that only duly elected party organs have the constitutional authority to organise congresses. The trial court agreed, holding that neither the Nigerian Constitution nor the ADC Constitution empowers a caretaker or interim National Working Committee to appoint committees for that purpose.
Justice Joyce Abdulmalik ruled that while courts generally avoid intervening in the internal affairs of political parties, judicial intervention is justified where constitutional or statutory violations are alleged.
The Court of Appeal agreed with that position, stating that once a dispute involves alleged constitutional breaches, it is no longer protected as an internal party matter. Justice Abang said the court had a duty to intervene to uphold constitutional principles and safeguard democratic processes.
The appellate court further ruled that the state congresses and national convention conducted by the Mark-led leadership were null and void because they were held despite an existing court order issued on April 14, 2026.
The judgment is expected to have significant political implications, including uncertainty over the status of candidates who emerged from the national convention organised by the Mark-led faction ahead of the 2027 general elections.
The Court of Appeal dismissed the appeal marked CA/ABJ/CV/608/2026 and awarded ₦10 million in costs against the ADC.
Following the judgment, the party, represented by its National Welfare Secretary, Nkem Ukandu, said it would challenge the decision at the Supreme Court.
