Appeal Court Bars INEC From Recognising Mark-led ADC Congresses

The Court of Appeal in Abuja has upheld an earlier ruling stopping the Independent National Electoral Commission (INEC) from recognising or taking part in any state congresses organised by committees set up by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).

In a two-to-one majority judgment delivered on Monday, the three-member panel ruled that there was no reason to overturn the order earlier issued by the Federal High Court in Abuja on April 29.

Justice Okon Abang, who delivered the lead judgment, agreed with the lower court that the Mark-led caretaker leadership should not interfere with the tenure and responsibilities of the party’s elected state executives.

The appellate court also held that the responsibility for organising state congresses belongs to elected state executive committees and not the party’s national leadership.

Justices Okon Abang and Donatus Okorowo formed the majority that upheld the decision preventing INEC from recognising the outcome of congresses conducted by the Mark-led leadership.

However, the chairman of the panel, Justice Abba Mohammed, disagreed with the majority. In his dissenting judgment, he ruled that the dispute involved the internal affairs of a political party and was therefore not a matter the court should decide. He also held that the Federal High Court should not have entertained the suit.

The Court of Appeal ruling could affect the political future of former Vice President Atiku Abubakar and other aspirants who emerged through the national convention organised by the Mark-led faction of the ADC ahead of the 2027 general elections.

The dispute began after the Federal High Court ruled that the four-year tenure of the ADC State Working Committees and State Executive Committees remained valid until properly conducted congresses and a national convention were held.

The judgment followed a suit marked FHC/ABJ/CS/581/2026, filed by party members Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr Charles Idowu Omideji, Samuel Pam Gyang and Obianyo Patrick. They brought the action on behalf of themselves and all ADC state chairmen and state executive committees.

The defendants in the case 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.

The plaintiffs challenged the decision of the caretaker leadership to establish committees for the conduct of state congresses. They argued that only elected organs recognised under the party’s constitution have the legal authority to organise such congresses.

They also maintained that the planned congresses supervised by the caretaker committee violated the provisions of the ADC constitution.

Justice Joyce Abdulmalik agreed with the plaintiffs and ruled that neither the 1999 Constitution nor the ADC constitution gave the caretaker National Working Committee led by Senator Mark the authority to appoint committees to conduct state congresses.

She held that the claims before the court involved alleged breaches of constitutional and statutory provisions and therefore deserved judicial consideration.

The trial judge also ruled that Section 223 of the 1999 Constitution requires political parties to conduct democratic elections, while Article 23 of the ADC constitution provides that national and state officers may serve a maximum of two terms lasting eight years.

Although courts generally avoid interfering in the internal affairs of political parties, she said judicial intervention becomes necessary where constitutional or legal violations are alleged.

Justice Abdulmalik found that the tenure of the party’s state executive committees remained valid and that they should continue to perform their duties without interference.

She ruled that only the elected state structures could organise state congresses and declared all processes initiated by the caretaker leadership invalid.

Before delivering the judgment, the trial court dismissed objections filed by the defendants, who had argued that the court lacked jurisdiction and that the plaintiffs failed to exhaust the party’s internal dispute resolution process.

The court held that the matter involved INEC and therefore fell within the jurisdiction of the Federal High Court under Section 251 of the 1999 Constitution. It also ruled that the plaintiffs had the legal standing to institute the action.

In affirming the lower court’s decision, the Court of Appeal said judicial intervention was necessary to prevent disorder and protect Nigeria’s democratic process.

The majority judgment also relied on a recent Supreme Court ruling involving the leadership dispute in the Peoples Democratic Party, holding that the ADC matter could not simply be treated as an internal party affair because constitutional issues had been raised.

The court therefore dismissed the appeal marked CA/ABJ/CV/608/2026 filed by the ADC against the Federal High Court judgment.

It further ruled that the state congresses and national convention conducted by the Mark-led leadership were invalid because they took place despite an existing court order issued on April 14.

The appellate court also ordered the ADC to pay N10 million in costs.

Following the judgment, the party, represented by its National Welfare Secretary, Nkem Ukandu, announced that it would challenge the decision before the Supreme Court.