The Court of Appeal, Abuja Division, has upheld a Federal High Court order restraining the Independent National Electoral Commission, INEC, from recognising congresses and activities conducted by the David Mark-led caretaker leadership of the African Democratic Congress, ADC.
In a split judgment of 2-1 delivered on Monday, the appellate court affirmed that the congresses and national convention organised by the Mark-led leadership amounted to a nullity. The court said they were held in disobedience to a subsisting order made by the Federal High Court on April 14, 2026.
Delivering the lead judgment, Justice Okon Abang, who sat with Justice Donatus Okorowo, dismissed the appeal marked *CA/ABJ/CV/608/2026* filed by the ADC. The court also awarded N10 million in costs against the party.
The three-member panel upheld the decision of trial judge, Justice Joyce Abdulmalik of the Federal High Court, Abuja, which had barred the Mark-led executives from interfering with the tenure and functions of duly elected state executive committees.
According to the majority judgment, responsibility for conducting state congresses of political parties rests with elected state executive committees and not with the national leadership.
“The court has a duty to intervene to prevent anarchy and ensure the survival of democracy in Nigeria,” Justice Abang held.
He cited a recent Supreme Court decision on the PDP leadership crisis, noting that once a matter involves constitutional infraction, “the shield of internal affairs drops and the veil is lifted for judicial intervention.”
However, the Presiding Justice, Abba Mohammed, dissented. He held that the matter bordered on the internal affairs of a political party and that the lower court lacked jurisdiction to entertain it.
The suit was filed by aggrieved ADC members including Don Norman Obinna, Johnny Tovie Derek, Obah Ehigiator, Olona Yinka, Charles Omideji, Samuel Gyang, and Obianyo Patrick. They sued on behalf of all state chairmen and state executive committees of the party.
Defendants in the suit are the ADC, Senator David Mark, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor — sued on behalf of the Caretaker/Interim NWC — and INEC.
The plaintiffs challenged the validity of committees set up by the Mark-led caretaker committee to conduct state congresses slated for April 2026. They argued that only organs recognised under the ADC constitution have such powers.
In her earlier ruling, Justice Abdulmalik held that the four-year tenure of the ADC State Working Committees remained valid and subsisting. She ruled that neither the 1999 Constitution nor Article 23 of the ADC Constitution empowers a caretaker committee to appoint congress committees.
She noted that Section 223 of the 1999 Constitution mandates political parties to conduct periodic elections based on democratic principles.
The court also dismissed the defendants’ preliminary objection, holding that the matter fell under the jurisdiction of the Federal High Court and that the plaintiffs had the legal right to sue.
With this judgment, all congresses and the national convention conducted under the Mark-led leadership stand nullified.
