The Court of Appeal in Abuja has upheld a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising or participating in state congresses organised by committees appointed by the David Mark-led caretaker leadership of the African Democratic Congress (ADC).
The appellate court reached the decision on Monday, July 13, 2026, in a split 2–1 judgment delivered by a three-member panel.
Justice Okon Abang, who delivered the majority judgment, was supported by Justice Donatus Okorowo, while the presiding judge of the panel, Justice Abba Mohammed, dissented.
The majority upheld the April 29 judgment of Justice Joyce Abdulmalik of the Federal High Court, which had restrained the Mark-led caretaker leadership from interfering with the tenure and functions of the ADC’s elected state executive committees.
The lower court had ruled that the four-year tenure of the party’s State Working Committees and State Executive Committees remained valid pending the conduct of properly constituted congresses and the convocation of a national convention.
The dispute arose after the Mark-led caretaker leadership constituted committees to organise state congresses. Aggrieved ADC members challenged the move, arguing that the caretaker leadership lacked the authority under the party’s constitution and the 1999 Constitution to dissolve existing state executives and replace them with committees to conduct the congresses.
The Court of Appeal agreed with the lower court that responsibility for conducting state congresses rests with the duly elected state executive committees rather than the national caretaker leadership.
Justice Abang also rejected the argument that the dispute was merely an internal affair of a political party beyond judicial intervention. The majority held that where allegations involve violations of constitutional or statutory provisions, the courts can intervene.
The appellate court further held that the congresses and national convention conducted by the Mark-led leadership were carried out in violation of a subsisting court order and were therefore a nullity. It subsequently dismissed the ADC’s appeal and awarded ₦10 million in costs against the party.
However, Justice Mohammed disagreed with the majority. In his dissenting judgment, he held that the dispute concerned the internal affairs of the ADC and that the Federal High Court ought not to have assumed jurisdiction. He also questioned whether the Mark-led leadership had been shown to have disobeyed the relevant court order.
The ruling has raised questions about the implications for the ADC’s preparations for the 2027 general elections, particularly candidates who emerged through processes conducted under the Mark-led leadership.
The ADC, however, said the judgment does not affect its direct primaries or the candidates already produced for the 2027 elections. In a statement, the party maintained that the ruling concerned its ward, local government and state congresses and had no effect on the direct primaries through which its candidates emerged.
The judgment remains subject to further appeal, with the Mark-led faction expected to challenge the decision at the Supreme Court.
For now, the ruling represents a significant legal setback for the Mark-led ADC leadership and leaves the party’s internal structure facing further judicial scrutiny as preparations for the 2027 elections continue.
