The Court of Appeal in Abuja, on Monday, upheld the judgment of the Federal High Court restraining the Independent National Electoral Commission (INEC) from recognising or participating in state congresses conducted by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).
Key Highlight:
- The Court of Appeal upheld the Federal High Court’s ruling against the ADC caretaker leadership.
- The court ruled that only elected state executive committees can conduct state congresses.
- Congresses organised by the David Mark-led caretaker committee were declared null and void.
- The appeal was dismissed in a 2–1 split decision, with ₦10 million costs awarded against the ADC.
- The ruling could affect the party’s internal structure and preparations for the 2027 general elections.
In a split decision of two to one, the appellate court affirmed the April 29 judgment of Justice Joyce Abdulmalik, holding that the caretaker leadership lacked the constitutional authority to constitute committees for the conduct of the party’s state congresses.
Delivering the lead judgment, Justice Okon Abang held that there was no basis to interfere with the decision of the lower court, stressing that the conduct of state congresses is the exclusive responsibility of duly elected state executive committees and not the party’s national caretaker leadership.
Justice Donatus Okorowo agreed with the lead judgment, while the presiding justice, Abba Mohammed, dissented.
Justice Mohammed, in his minority judgment, held that the dispute bordered on the internal affairs of a political party and was therefore not justiciable. He maintained that the Federal High Court lacked jurisdiction to entertain the matter.
The majority, however, upheld all the orders made by the trial court, including the order restraining the David Mark-led caretaker committee from interfering with the tenure and functions of the party’s elected state executive committees.
The appellate court further declared that congresses conducted by the caretaker leadership were null and void, having been held in defiance of an existing court order issued on April 14.
Justice Abang held that once a dispute involves alleged constitutional violations, it ceases to be a purely internal affair of a political party and becomes subject to judicial review.
He said the court was duty-bound to intervene to “prevent anarchy and ensure the survival of democracy in Nigeria,” relying on a recent Supreme Court decision arising from the leadership crisis in the Peoples Democratic Party (PDP).
The appeal, marked CA/ABJ/CV/608/2026, was dismissed, with the court awarding N10 million costs against the ADC.
The judgment is expected to have significant political implications, particularly for former Vice President Atiku Abubakar and other aspirants who reportedly emerged from the national congress conducted by the David Mark-led faction in preparation for the 2027 general elections.
The suit, marked FHC/ABJ/CS/581/2026, was filed by Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr. Charles Idowu Omideji, Samuel Pam Gyang and Obianyo Patrick on behalf of ADC state chairmen and state executive committees.
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The plaintiffs challenged the constitution of committees by the caretaker leadership to conduct state congresses, contending that only duly elected organs recognised under the party’s constitution possess such powers.
In her judgment, Justice Abdulmalik held that neither the 1999 Constitution nor the ADC Constitution empowers a caretaker or interim National Working Committee to appoint committees for state congresses.
She ruled that the tenure of the party’s elected state executive committees remained valid and subsisting until properly constituted congresses and a national convention are conducted.
The trial court also dismissed the preliminary objections filed by the defendants, holding that the matter involved constitutional issues relating to INEC and therefore fell within the jurisdiction of the Federal High Court.
The defendants in the suit include the ADC, Senator David Mark, Senator Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Professor Oserheimen Osunbor, sued on behalf of the caretaker/interim National Working Committee, and INEC.
