The Court of Appeal in Abuja has affirmed a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses organised by committees appointed by the David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a split decision of two to one, the appellate court upheld the earlier ruling, holding that the authority to conduct state congresses resides with the party’s duly elected state executive committees and not committees constituted by the caretaker leadership.
The majority judgment, delivered by Justice Okon Abang and supported by Justice Donatus Okorowo, dismissed the appeal filed by the ADC against the Federal High Court’s April 29, 2026 decision. The court also awarded ₦10 million in costs against the party.
According to the court, while political parties generally manage their internal affairs, disputes involving alleged violations of a party’s constitution and members’ legal rights are matters that the courts are empowered to determine.
The appellate court further restrained INEC from recognising or participating in any congresses conducted by committees established by the David Mark-led caretaker administration, insisting that only the party’s duly constituted state executive committees have the legal authority to organise such exercises.
However, the decision was not unanimous. The presiding Justice, Abba Mohammed, dissented, maintaining that the dispute was an internal affair of the political party and, therefore, outside the jurisdiction of the Federal High Court.
The legal dispute stems from the leadership crisis that emerged following the appointment of former Senate President David Mark as head of the ADC’s caretaker leadership.
Some members challenged the legality of the caretaker committee and its authority to dissolve existing structures and organise fresh state congresses.
Following the judgment, the ADC indicated that it would challenge the Court of Appeal’s decision at the Supreme Court, setting the stage for another legal battle over the party’s leadership and organisational structure ahead of the 2027 general elections.
