The Court of Appeal in Abuja has delivered a split two-to-one verdict upholding a lower court judgment that restrains the Independent National Electoral Commission (INEC) from recognizing or participating in state congresses organized by the Senator David Mark-led caretaker committee of the African Democratic Congress (ADC).
The majority decision, delivered by Justice Okon Abang and supported by Justice Donatus Okorowo, found no merit in setting aside the initial restraining order issued by the Federal High Court on April 29. The ruling also sustains the order protecting the tenure and official functions of the party's elected state executives from national interference.
Key Details of the Ruling
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Jurisdictional Authority: The appellate court clarified that the responsibility for organizing state congresses belongs to elected state executive committees rather than the national leadership.
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Judicial Intervention: The majority ruled that while courts generally avoid the internal affairs of political parties, judicial intervention is required when there is a clear breach of constitutional or statutory provisions.
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Financial Penalty: The appellate court officially dismissed the appeal and awarded costs of N10 million against the ADC.
In contrast, the head of the panel, Justice Abba Mohammed, offered a dissenting opinion. He argued that the dispute constituted a non-justiciable internal party affair and maintained that the trial court lacked the jurisdiction to entertain the lawsuit.
Political Implications for the 2027 Elections
This judicial outcome introduces significant political uncertainty ahead of the 2027 general elections. The validation of the restraining order potentially invalidates the national congress conducted by the caretaker committee. Consequently, this development may jeopardize the presidential candidacy of former Vice President Atiku Abubakar, alongside other candidates who secured their nominations through the faction led by Senator Mark.
Background of the Dispute
The legal battle originated from a lawsuit filed by aggrieved ADC members, including Don Norman Obinna and several state chairmen, who challenged the caretaker committee's authority to oversee state congresses originally scheduled for April 2026.
| Case Reference | FHC/ABJ/CS/581/2026 |
| Primary Defendants | ADC, Sen. David Mark, Sen. Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Prof. Oserheimen Osunbor, and INEC |
| Core Legal Argument | Violation of Section 223 of the 1999 Constitution and Article 23 of the ADC Constitution regarding periodic democratic elections and leadership tenures |
The Federal High Court had previously ruled that the four-year tenure of the existing State Working Committees remains valid. It concluded that neither the Nigerian Constitution nor the ADC’s internal regulations empowered the interim national leadership to replace or bypass elected state structures.
Following the appellate court's decision to uphold this judgment, representatives for the ADC national leadership indicated that the party intends to escalate the matter by filing an appeal with the Supreme Court.