In a split decision of two to one, the Court of Appeal sitting in Abuja on Monday affirmed a 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).
A three-member panel of the appellate court, in a lead judgment delivered by Justice Okon Abang, held that there was no basis to set aside the restraining order issued by the Federal High Court in Abuja on April 29. The court also upheld the decision of trial judge, Justice Joyce Abdulmalik, which barred the Mark-led executives from interfering with the tenure and functions of the party’s elected state executives.
The appellate court agreed that the responsibility for conducting state congresses of political parties rests with elected state executive committees, not the national leadership. While Justices Abang and Donatus Okorowo delivered the majority judgment, Justice Abba Mohammed dissented.
In his minority judgment, Justice Mohammed held that the dispute was an internal affair of a political party and therefore non-justiciable. He maintained that the trial court lacked the jurisdiction to entertain the suit.
Meanwhile, the Court of Appeal’s decision may have far-reaching implications for the ADC, particularly for candidates who emerged from processes conducted by the Mark-led leadership, including those linked to the party’s preparations ahead of the 2027 general elections.
The judgment is a sequel to an earlier ruling by the Federal High Court, which held that the four-year tenure of the ADC’s State Working Committees and State Executive Committees remained valid and subsisting pending the conduct of properly constituted congresses and a national convention.
The suit, marked FHC/ABJ/CS/581/2026, was filed by aggrieved party members—Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr. Charles Idowu Omideji, Samuel Pam Gyang, and Obianyo Patrick—who sued for themselves and on behalf of all state chairmen and state executive committees of the ADC.
The defendants in the matter included the ADC; Senator David Mark; Senator Patricia Akwashiki; Mallam Bolaji Abdullahi; Ogbeni Rauf Aregbesola; and Prof. Oserheimen Osunbor, sued on behalf of the Caretaker/Interim National Working Committee, as well as INEC.
The plaintiffs contended that the composition of the caretaker committee violated the party’s constitution and argued that only duly elected organs of the party possess the authority to conduct congresses.
In her judgment, Justice Abdulmalik held that neither the 1999 Constitution (as amended) nor the ADC Constitution empowered the caretaker/interim National Working Committee led by Senator Mark to appoint committees to conduct state congresses.
She ruled that the plaintiffs’ claims were valid and deserving of judicial determination, citing alleged breaches of constitutional and statutory provisions. The court also found that the tenure of the state executive committees remained valid and must not be truncated.
The trial court emphasised that only elected party structures have the authority to organise state congresses and consequently nullified any process initiated by the Mark-led caretaker leadership.
Earlier, the court dismissed a preliminary objection filed by the defendants challenging the competence of the suit and the court’s jurisdiction. It held that the subject matter involved INEC and therefore fell within the jurisdiction of the Federal High Court under Section 251 of the 1999 Constitution.
The court also rejected the defendants’ argument that the plaintiffs failed to exhaust internal dispute resolution mechanisms, holding that the plaintiffs had the requisite locus standi to institute the action.
Upholding the lower court’s decision, the Court of Appeal stated that it had a duty to intervene in order to “prevent anarchy and ensure the survival of democracy.”
It relied on a recent Supreme Court decision in the leadership crisis within the Peoples Democratic Party (PDP) to hold that the matter could not be treated as a purely 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,” Justice Abang stated.
Consequently, the appellate court dismissed the appeal marked CA/ABJ/CV/608/2026, filed by the ADC to set aside the high court judgment. It further held that the congresses and national convention conducted by the Mark-led leadership were nullities, having been carried out in defiance of a subsisting court order issued on April 14.
The court also awarded a cost of N10 million against the ADC.
Following the judgment, the ADC, represented by its National Welfare Secretary, Mr Nkem Ukandu, indicated that it would challenge the decision at the Supreme Court.
