The Court of Appeal in Abuja has upheld a Federal High Court order barring 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), dealing a fresh blow to the opposition party’s leadership.
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 restrained the Mark-led caretaker leadership from conducting state congresses through committees it constituted.
Justice Okon Abang, who delivered the lead judgment, held that there was no basis to overturn the decision of the lower court. He ruled that the responsibility for conducting state congresses rests with duly elected state executive committees and not the party’s national caretaker leadership.
Justice Donatus Okorowo concurred with the majority judgment, while the presiding justice, Abba Mohammed, dissented.
In his minority judgment, Justice Mohammed argued that the dispute concerned the internal affairs of a political party and was therefore non-justiciable. He held that the Federal High Court lacked jurisdiction to entertain the suit.
The majority judgment, however, upheld all the restraining orders issued by Justice Joyce Abdulmalik, including the order preventing the Mark-led executives from interfering with the tenure and functions of the ADC’s elected state executive committees.
The appellate court also ruled that congresses conducted by the caretaker leadership amounted to a nullity because they were held despite an existing court order issued on April 14.
“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 said, relying on a recent Supreme Court decision on the leadership crisis in the Peoples Democratic Party (PDP).
The court added that judicial intervention was necessary to “prevent anarchy and ensure the survival of democracy in Nigeria.”
The appeal, marked CA/ABJ/CV/608/2026, was subsequently dismissed, with the appellate court awarding N10 million in costs against the ADC.
The ruling is expected to have far-reaching 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 ahead of the 2027 general elections.
The suit, marked FHC/ABJ/CS/581/2026, was instituted by 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 all ADC state chairmen and state executive committees.
The plaintiffs challenged the decision of the caretaker leadership to appoint committees to conduct state congresses, arguing that only constitutionally recognised and elected party organs possess such powers.
Justice Abdulmalik had agreed with the plaintiffs, holding that neither the 1999 Constitution nor the ADC Constitution empowers a caretaker or interim National Working Committee to constitute committees for state congresses.
She ruled that the tenure of the party’s elected state executive committees remained valid and subsisting pending properly conducted congresses and a national convention.
The trial court also dismissed preliminary objections filed by the defendants, holding that the matter fell within the jurisdiction of the Federal High Court because it involved INEC and constitutional issues rather than merely the domestic affairs of a political party.
The defendants in the suit include the ADC, Senator David Mark, Senator Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Professor Oserheimen Osunbor, who were sued on behalf of the caretaker/interim National Working Committee, and INEC.
