Appeal Court Stops INEC from Recognising Mark-led ADC State Congresses

The Court of Appeal in Abuja has upheld a Federal High Court order restraining the Independent National Electoral Commission (INEC) from recognising or participating in state congresses organised by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).

In a split decision delivered on Monday, a three-member panel of the appellate court affirmed the earlier judgment that barred the party’s interim leadership from conducting state congresses through committees it constituted.

Justice Okon Abang, who delivered the lead judgment, held that the appeal lacked merit and upheld the April 29 judgment of the Federal High Court, which restrained the David Mark-led caretaker committee from interfering with the tenure and responsibilities of the ADC’s elected state executive committees.

The majority decision, supported by Justice Donatus Okorowo, agreed that under the party’s constitution, the authority to conduct state congresses rests with elected state executive committees rather than the national leadership.

However, the presiding Justice, Abba Mohammed, dissented, holding that the dispute was an internal affair of the political party and therefore outside the jurisdiction of the court. He maintained that the trial court ought not to have entertained the suit.

The judgment is expected to have wider political implications, particularly for the opposition coalition ahead of the 2027 general elections, as it could cast doubt on the validity of the presidential and other candidacies that emerged from the national convention organised by the David Mark-led faction of the party.

The appellate court also upheld the lower court’s finding that the tenure of the ADC’s State Working Committees and State Executive Committees remains valid until duly constituted congresses and a national convention are conducted in accordance with the party’s constitution.

The suit, marked FHC/ABJ/CS/581/2026, was instituted by Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr. Charles Idowu Omideji, Samuel Pam Gyang and Obianyo Patrick, who said they acted for themselves and on behalf of all ADC state chairmen and state executive committees.

The respondents in the suit included the ADC, Senator David Mark, Senator Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Prof. Oserheimen Osunbor, who were sued on behalf of the caretaker/interim National Working Committee, and INEC.

The plaintiffs challenged the decision of the caretaker leadership to establish committees to conduct state congresses, arguing that the move violated the party’s constitution since only duly elected party organs possess such powers.

In its judgment, the Federal High Court had agreed with the plaintiffs, holding that neither the 1999 Constitution nor the ADC Constitution empowered the caretaker committee to appoint committees for the conduct of state congresses.

Justice Joyce Abdulmalik ruled that although courts generally refrain from interfering in the internal affairs of political parties, judicial intervention becomes necessary where there is an alleged breach of constitutional or statutory provisions.

She held that the tenure of the party’s elected state executive committees remained valid and that only those structures could lawfully organise state congresses.

The appellate court endorsed that position, stressing that the dispute transcended the internal affairs of the party because it involved constitutional questions affecting INEC’s statutory responsibilities.

Quoting a recent Supreme Court decision on the leadership dispute in the Peoples Democratic Party (PDP), Justice Abang said the matter was justiciable because it raised issues of constitutional compliance.

“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 appellate court held.

The court further ruled that the congresses and national convention conducted by the David Mark-led leadership were null and void because they were held in defiance of an existing court order issued by the Federal High Court on April 14.

Consequently, the appellate court dismissed the appeal filed by the ADC, affirmed the lower court’s judgment and awarded N10 million in costs against the party.

Reacting to the verdict, the ADC, through its National Welfare Secretary, Nkem Ukandu, said it would challenge the judgment at the Supreme Court.