The Court of Appeal sitting in Abuja has upheld the judgment of the Federal High Court 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 decision of two to one delivered on Monday, a three-member panel of the appellate court affirmed the earlier ruling of the Federal High Court, maintaining that the restraining order remains valid.
Justice Okon Abang, who delivered the lead judgment, held that there was no basis to set aside the April 29 judgment of Justice Joyce Abdulmalik. The appellate court also upheld the lower court’s order restraining the David Mark-led caretaker executives from interfering with the tenure and functions of the party’s duly elected state executive committees.
The majority judgment, supported by Justice Donatus Okorowo, held that the responsibility for conducting state congresses lies with elected state executive committees and not with the national caretaker leadership.
However, the presiding Justice, Abba Mohammed, dissented, holding that the dispute was an internal affair of the political party and therefore not justiciable. He maintained that the Federal High Court lacked jurisdiction to entertain the matter.
The ruling stems from Suit No. FHC/ABJ/CS/581/2026 filed by aggrieved ADC members, 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.
The plaintiffs challenged the decision of the David Mark-led caretaker committee to appoint committees to conduct state congresses, arguing that such appointments violated both the 1999 Constitution and the ADC Constitution. They contended that only duly elected party organs possess the constitutional authority to organise congresses.
In its earlier judgment, the Federal High Court agreed with the plaintiffs, ruling that the tenure of the ADC’s State Working Committees and State Executive Committees remains valid and subsisting until properly conducted congresses and a national convention are held in accordance with the party’s constitution.
Justice Abdulmalik held that neither the Nigerian Constitution nor the ADC Constitution empowers a caretaker or interim National Working Committee to appoint committees for the conduct of state congresses. She further ruled that although courts generally refrain from interfering in the internal affairs of political parties, judicial intervention becomes necessary where constitutional or statutory violations are alleged.
Affirming the decision, the Court of Appeal stated that the case involved constitutional questions rather than mere internal party affairs.
Quoting a recent Supreme Court decision on the leadership crisis within the Peoples Democratic Party (PDP), Justice Abang held that once a dispute is founded on an alleged constitutional infraction, the courts are empowered to intervene.
“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.
The appellate court consequently dismissed the appeal filed by the ADC (Appeal No. CA/ABJ/CV/608/2026), holding that the congresses and national convention conducted by the David Mark-led caretaker leadership were null and void because they were held in defiance of an existing court order issued on April 14.
The court also awarded ₦10 million in costs against the ADC.
The judgment is expected to have significant implications for the party’s ongoing leadership crisis and may affect the status of candidates who emerged from congresses and the national convention conducted by the David Mark-led faction, including reported presidential aspirants preparing for the 2027 general elections.
Reacting to the verdict, the ADC, represented by its National Welfare Secretary, Mr. Nkem Ukandu, announced that the party would challenge the decision at the Supreme Court.
