The Court of Appeal in Abuja has upheld the judgment of the Federal High Court restraining the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses conducted by committees appointed by the caretaker leadership of the African Democratic Congress (ADC) led by former Senate President, David Mark.
In a split two-to-one decision delivered on Monday, the three-member panel affirmed the earlier ruling of the Federal High Court, which barred the Mark-led caretaker leadership from interfering with the tenure and functions of the party’s duly elected state executive committees.
Justice Okon Abang, who delivered the lead majority judgment, held that there was no basis to set aside the restraining order earlier granted by Justice Joyce Abdulmalik on April 29, 2026. Justice Donatus Okorowo concurred with the judgment, while the Presiding Justice of the panel, Justice Abba Mohammed, dissented.
The appellate court ruled that the responsibility for conducting state congresses lies with the duly elected state executive committees of political parties and not with the national caretaker leadership.
Justice Abba Mohammed, in his minority judgment, held that the dispute was an internal affair of the political party and therefore not justiciable, arguing that the trial court lacked jurisdiction to entertain the matter.
The dispute originated from a suit filed before the Federal High Court by aggrieved members of the ADC, including Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Olona Yinka, Charles Idowu Omideji, Samuel Pam Gyang and Obianyo Patrick, who instituted the action on behalf of themselves and all ADC state chairmen and state executive committees.
The plaintiffs challenged the decision of the David Mark-led caretaker leadership to appoint committees to conduct state congresses, contending that only constitutionally elected party organs possess such powers under the ADC Constitution.
The defendants in the suit included the ADC, David Mark, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor, sued on behalf of the Caretaker/Interim National Working Committee, as well as INEC.
In its earlier judgment, the Federal High Court held that the tenure of the ADC’s State Working Committees and State Executive Committees remained valid and subsisting until properly constituted congresses and a national convention are conducted in accordance with the party’s constitution.
Justice Joyce Abdulmalik ruled that neither the 1999 Constitution nor the ADC Constitution empowered the caretaker leadership to appoint committees for the conduct of state congresses.
The court further held that Section 223 of the 1999 Constitution requires political parties to conduct periodic elections in accordance with democratic principles, while Article 23 of the ADC Constitution provides for the tenure of elected party officials.
Although courts generally avoid interfering in the internal affairs of political parties, Justice Abdulmalik held that judicial intervention becomes necessary where constitutional or statutory violations are alleged.
The trial court also dismissed preliminary objections challenging its jurisdiction, holding that the involvement of INEC brought the matter within the jurisdiction of the Federal High Court under Section 251 of the Constitution. It further held that the plaintiffs had the legal standing to institute the suit and were not required to exhaust internal dispute resolution mechanisms before approaching the court.
Affirming the lower court’s decision, the Court of Appeal held that the congresses and national convention conducted by the David Mark-led caretaker leadership were null and void, having been conducted in violation of a subsisting court order issued on April 14, 2026.
Justice Abang, in the majority judgment, stated that once allegations before the court involve constitutional infractions, the dispute ceases to be a mere internal affair of a political party and becomes subject to judicial scrutiny.
The appellate court also relied on a recent Supreme Court decision arising from the leadership crisis in the Peoples Democratic Party (PDP), holding that the ADC dispute involved constitutional questions requiring judicial intervention to safeguard democratic principles.
Consequently, the Court of Appeal dismissed the appeal filed by the ADC in suit number CA/ABJ/CV/608/2026, affirmed the restraining orders against the party’s caretaker leadership, and awarded ₦10 million in costs against the ADC.