The Court of Appeal in Abuja has affirmed 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 decision of two to one delivered on Monday, a three-member panel of the appellate court upheld the earlier ruling of the Federal High Court.
Justice Okon Abang, who delivered the lead judgment, held that there was no basis to set aside the restraining order issued by Justice Joyce Abdulmalik on April 29, 2026. Justice Donatus Okorowo agreed with the majority decision, while the Presiding Justice of the panel, Justice Abba Mohammed, delivered a dissenting judgment.
The appellate court also upheld the order restraining the David Mark-led caretaker executives from interfering with the tenure and functions of the ADC’s elected state executive committees.
According to the majority judgment, the responsibility for conducting state congresses rests with the party’s duly elected state executive committees and not with the national caretaker leadership.
Justice Mohammed, in his dissenting opinion, held that the dispute was an internal affair of a political party and therefore not justiciable, arguing that the trial court lacked the jurisdiction to entertain the suit.
The judgment is expected to have significant political implications, as it may affect the validity of the presidential candidacy of former Vice President Atiku Abubakar and other candidates who emerged from the national convention conducted by the David Mark-led faction of the ADC ahead of the 2027 general elections.
The appellate court reaffirmed the earlier High Court decision that the four-year tenure of the ADC’s State Working Committees and State Executive Committees remains valid until properly constituted state congresses and a national convention are conducted.
The suit, marked FHC/ABJ/CS/581/2026, was filed by seven aggrieved members of the ADC on behalf of the party’s state chairmen and state executive committees. They challenged the decision of the caretaker leadership to appoint committees to conduct state congresses, arguing that such appointments violated both the party’s constitution and the 1999 Constitution.
The defendants in the suit included the ADC, Senator David Mark, Senator Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Professor Oserheimen Osunbor, who was sued on behalf of the Caretaker/Interim National Working Committee, and INEC.
Justice Abdulmalik had ruled that neither the Nigerian Constitution nor the ADC Constitution empowered the caretaker committee to appoint committees for state congresses. She further held that while courts generally avoid interfering in the internal affairs of political parties, judicial intervention becomes necessary where constitutional or statutory violations are alleged.
The Court of Appeal agreed with that position, holding that once a dispute involves constitutional infractions, it ceases to be a mere internal party matter. Justice Abang stated that the court had a duty to intervene to “prevent anarchy and ensure the survival of democracy in Nigeria.”
The appellate court also held that the congresses and national convention conducted by the David Mark-led caretaker leadership were null and void because they were carried out in defiance of a subsisting court order issued on April 14, 2026.
Consequently, the appeal filed by the ADC, marked CA/ABJ/CV/608/2026, was dismissed, and the court awarded costs of ₦10 million against the party.
Following the judgment, the ADC, represented by its National Welfare Secretary, Mr. Nkem Ukandu, announced that it would challenge the Court of Appeal’s decision at the Supreme Court.