The Court of Appeal in Abuja has upheld a Federal High Court judgment stopping the Independent National Electoral Commission (INEC) from recognising or taking part in any state congresses organised by committees appointed by the David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a split decision delivered on Monday, the three-member appellate panel ruled by a two-to-one majority that there was no basis to overturn the restraining order earlier issued against the Mark-led leadership.
Delivering the lead judgment, Justice Okon Abang, supported by Justice Donatus Okorowo, affirmed the April 29 ruling of the Federal High Court in Abuja, which barred the Mark-led caretaker leadership from interfering with the tenure and responsibilities of the Party’s duly elected state executives.
The appellate court held that the responsibility for conducting state congresses lies with elected state executive committees and not with the Party’s national leadership.
Justice Abba Mohammed, however, dissented. In his minority judgment, he held that the dispute concerned the internal affairs of a political party and was therefore not justiciable. He faulted the Federal High Court for assuming jurisdiction over the matter.
The lower court had earlier ruled that the four-year tenure of the ADC’s State Working Committees and State Executive Committees remained valid until properly constituted congresses were conducted and a national convention convened.
The judgment followed a suit filed by aggrieved ADC members — Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Olona Yinka, Charles Idowu Omideji, Samuel Pam Gyang and Obianyo Patrick — who said they instituted the case on behalf of themselves and all ADC state chairmen and state executive committees.
Named as defendants were the ADC, David Mark, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola and Oserheimen Osunbor, sued on behalf of the Caretaker/Interim National Working Committee, as well as INEC.
The plaintiffs challenged the decision of the David Mark-led caretaker leadership to appoint committees to conduct state congresses, arguing that the planned April 2026 congresses violated the Party’s constitution.
They maintained that only duly elected organs recognised by the ADC constitution have the authority to organise state congresses.
Justice Joyce Abdulmalik agreed with the plaintiffs, ruling that neither the 1999 Constitution, as amended, nor the ADC constitution empowered the caretaker or interim National Working Committee led by Senator Mark to appoint committees for that purpose.
The court further held that the suit raised constitutional and statutory issues deserving of judicial intervention. It cited Section 223 of the 1999 Constitution, which requires political parties to conduct periodic democratic elections, and Article 23 of the ADC Constitution, which limits national and state officers to a maximum of two terms spanning eight years.
Justice Abdulmalik stressed that while courts are generally reluctant to interfere in the internal affairs of political parties, they are duty-bound to act where constitutional or statutory provisions are allegedly breached.
She ruled that the tenure of the ADC’s elected state executive committees remained valid and that only those structures had the legal authority to conduct state congresses. Consequently, the court nullified every process initiated by the David Mark-led caretaker leadership.
The Federal High Court also dismissed the defendants’ preliminary objection challenging its jurisdiction, holding that the case involved the affairs of INEC and therefore fell within its jurisdiction under Section 251 of the 1999 Constitution, as amended.
It also rejected the argument that the plaintiffs failed to exhaust the Party’s internal dispute resolution process, ruling that they had the legal standing to institute the action.
Affirming the judgment, the Court of Appeal said judicial intervention was necessary to prevent anarchy and protect Nigeria’s democracy.
Relying on a recent Supreme Court ruling in the leadership dispute within the Peoples Democratic Party (PDP), Justice Abang held that the ADC matter could not be treated as a mere internal party affair.
“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,” the appellate court held.
The appeal, marked CA/ABJ/CV/608/2026, was accordingly dismissed.
The Court of Appeal also declared that the congresses and national convention conducted by the David Mark-led ADC were null and void because they were held in defiance of a subsisting order issued by the Federal High Court on April 14.
The court further awarded ₦10 million in costs against the ADC.
