Appeal Court Nullifies Mark-Led ADC Congresses, Bars INEC From Recognising Outcomes

The Court of Appeal in Abuja has upheld a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising state congresses conducted by committees appointed by the David Mark-led caretaker leadership of the African Democratic Congress (ADC), dealing a major setback to the party’s interim leadership.

In a split two-to-one decision delivered on Monday, the appellate court affirmed the April 29 judgment of the Federal High Court, which barred the Mark-led caretaker committee from interfering with the functions and tenure of the party’s elected state executives.

Delivering the lead judgment, Justice Okon Abang, who was supported by Justice Donatus Okorowo, held that there was no basis to overturn the lower court’s ruling. The court maintained that the responsibility for organising state congresses lies with duly elected state executive committees, not the party’s national caretaker leadership.

The appellate court also ruled that congresses and the national convention conducted under the leadership of former Senate President David Mark were null and void because they were held in defiance of an existing court order issued on April 14.

Justice Abang stressed that while courts generally avoid interfering in the internal affairs of political parties, judicial intervention becomes necessary where constitutional or statutory breaches are alleged.

“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,” he held.

The court further stated that its decision was necessary to “prevent anarchy and ensure the survival of democracy in Nigeria.”

However, Justice Abba Mohammed dissented, arguing that the dispute was an internal party matter and that the Federal High Court lacked jurisdiction to entertain the case.

The legal battle arose from a suit filed by seven aggrieved ADC members acting on behalf of the party’s state chairmen and state executive committees. They challenged the caretaker committee’s decision to appoint committees to conduct state congresses, insisting that only constitutionally elected party organs possess such powers.

The Federal High Court had earlier ruled that the tenure of the ADC’s State Working Committees and State Executive Committees remained valid pending properly conducted congresses and a national convention.

Justice Joyce Abdulmalik held that neither the 1999 Constitution nor the ADC Constitution empowered the caretaker National Working Committee led by Mark to appoint committees for state congresses. She also dismissed objections challenging the competence of the suit and the jurisdiction of the court.

Affirming that judgment, the Court of Appeal dismissed the appeal marked CA/ABJ/CV/608/2026, upheld all restraining orders against the Mark-led leadership, and awarded ₦10 million in costs against the ADC.

The ruling effectively invalidates all state congresses and the national convention conducted under the caretaker committee, while reinforcing the authority of the party’s elected state executives pending fresh congresses conducted in accordance with the ADC Constitution.