The Court of Appeal in Abuja has delivered a split decision, affirming a previous judgment that restrains the Independent National Electoral Commission (INEC) from recognising or participating in state congresses organized by committees under the David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a two-to-one majority verdict, the three-member panel, led by Justice Okon Abang, rejected an attempt by the ADC to set aside a restraining order originally issued by the Federal High Court on April 29, 2026.
The appellate court upheld the ruling of Justice Joyce Abdulmalik, which barred the Mark-led executives from interfering with the functions and tenure of the party’s elected state executives.
The court emphasized that the authority to conduct state congresses lies solely with elected state executive committees, not with the national caretaker leadership.
Justice Abang stated, “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.” The panel further noted that it had a duty to intervene to “prevent anarchy and ensure the survival of democracy in Nigeria.”
Conversely, the head of the panel, Justice Abba Mohammed, offered a dissenting opinion, arguing that the matter pertained to the internal affairs of a political party and that the trial court lacked the jurisdiction to entertain the suit.
The legal battle originated from a suit filed by aggrieved ADC members—including Don Norman Obinna, Johnny Tovie Derek, and five others—who challenged the decision of the Senator Mark-led committee to appoint transition committees for the purpose of conducting state congresses.
The plaintiffs argued that these actions violated the party’s constitution, which mandates that only duly elected organs possess the power to organize such events.
Justice Abdulmalik had previously ruled that neither the 1999 Constitution nor the ADC’s own constitution empowered the caretaker committee to appoint such bodies.
The court affirmed that the four-year tenure of the existing State Working Committees remained valid and must be respected.
The appellate court dismissed the appeal filed by the ADC, marked CA/ABJ/CV/608/2026, and declared all congresses and conventions conducted by the Mark-led leadership in defiance of the subsisting April 14 court order to be a nullity.
The court also awarded a cost of N10 million against the party.
