The Court of Appeal in Abuja has, in a split two-to-one decision, upheld a Federal High Court judgment restraining 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).
Delivering the lead judgment on Monday, Justice Okon Abang, who read the majority decision of the three-member panel, held that there was no basis to set aside the restraining order issued by the Federal High Court on April 29.
The appellate court also affirmed the decision of Justice Joyce Abdulmalik, which barred the David Mark-led caretaker executives from interfering with the tenure and functions of the party’s duly elected state executive committees.
The court agreed with the lower court that the responsibility for conducting state congresses rests with elected state executive committees, rather than the party’s national caretaker leadership.
Justices Okon Abang and Donatus Okorowo formed the majority that upheld the restraining order against INEC’s recognition of congresses conducted by the Mark-led leadership.
However, the presiding justice of the panel, Justice Abba Mohammed, dissented, holding that the dispute involved the internal affairs of a political party and was therefore not justiciable.
According to the dissenting judgment, the Federal High Court lacked the jurisdiction to entertain the suit in the first instance.
The appellate court’s decision could have significant implications for the political future of former Vice President Atiku Abubakar and other aspirants who emerged through the national congress organised by the David Mark-led faction of the ADC ahead of the 2027 general election.
Earlier, the Federal High Court had ruled that the four-year tenure of the ADC’s State Working Committees and State Executive Committees remained valid until properly constituted state congresses and a national convention are conducted in accordance with the party’s constitution.
The judgment arose from Suit No. FHC/ABJ/CS/581/2026, filed by aggrieved members of the party, including Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr Charles Idowu Omideji, Samuel Pam Gyang and Obianyo Patrick, who said they instituted the action on behalf of all ADC state chairmen and state executive committees.
The defendants in the suit include the ADC, Senator David Mark, Senator Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Prof. Oserheimen Osunbor, sued on behalf of the Caretaker/Interim National Working Committee, and INEC.
The plaintiffs challenged the decision of the David Mark-led caretaker committee to constitute committees for the conduct of state congresses, arguing that the move violated the party’s constitution.
They maintained that only duly elected organs of the party have the constitutional authority to organise state congresses and contended that any congress conducted under committees appointed by the caretaker leadership would be unlawful.
In her judgment, Justice Abdulmalik agreed with the plaintiffs, holding that neither the 1999 Constitution nor the ADC Constitution empowers the caretaker or interim National Working Committee to appoint committees for the purpose of conducting state congresses.
The trial court further held that the suit raised constitutional and statutory issues requiring judicial intervention.
Justice Abdulmalik noted that Section 223 of the 1999 Constitution mandates political parties to conduct periodic elections based on democratic principles, while Article 23 of the ADC Constitution provides that national and state officers shall serve a maximum of two terms spanning eight years.
Although courts are generally reluctant to interfere in the internal affairs of political parties, she held that judicial intervention becomes necessary where there are credible allegations of violations of constitutional or statutory provisions.
