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 any state congresses organised by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a split judgment delivered on Monday, a three-member panel of the appellate court ruled two-to-one in favour of maintaining the restraining order earlier issued by the Federal High Court on April 29.
Delivering the lead judgment, Justice Okon Abang held that there was no basis to overturn the decision of Justice Joyce Abdulmalik, who had barred the David Mark-led caretaker committee from interfering with the functions and tenure of the party’s duly elected state executive committees.
The appellate court also affirmed that the responsibility for conducting state congresses lies with elected state executive committees rather than the party’s national leadership.
Justice Donatus Okorowo joined Justice Abang in the majority decision, effectively preventing INEC from recognising the outcome of any state congresses conducted by the Mark-led caretaker leadership.
However, the presiding justice of the panel, Justice Abba Mohammed, dissented. He argued that the dispute concerned the internal affairs of a political party, which he described as non-justiciable, and maintained that the Federal High Court lacked the jurisdiction to entertain the matter.
The appellate court’s decision is expected to have significant political implications, particularly for former Vice President Atiku Abubakar and other aspirants who emerged from the national congress conducted by the David Mark-led faction of the ADC ahead of the 2027 general elections.
The Federal High Court had earlier ruled that the four-year tenure of the ADC’s State Working Committees and State Executive Committees remains valid until properly constituted state congresses are conducted and a national convention is held.
The judgment stemmed from suit number FHC/ABJ/CS/581/2026, filed by aggrieved members of the ADC challenging the actions of the party’s caretaker leadership.
