Appeal Court Nullifies State Congresses Organised by David Mark-Led ADC

The Court of Appeal sitting in Abuja has nullified the state congresses and national convention organised by the Senator David Mark-led leadership of the African Democratic Congress (ADC), dealing a significant legal blow to the faction and throwing uncertainty over the party’s candidate nominations for the 2027 general elections.

In a split decision of two-to-one delivered on Monday, the appellate court affirmed a Federal High Court judgment which barred the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses organised by committees appointed by the Mark-led caretaker leadership of the ADC.

Justice Okon Abang, whose lead judgment was supported by Justice Donatus Okorowo, held that there was no basis to disturb the April 29 judgment of the Federal High Court delivered by Justice Joyce Abdulmalik.

The court upheld the lower court’s order restraining the Mark-led executives from interfering with the tenure and functions of the party’s elected State Working Committees and State Executive Committees.

The appellate court concurred that the authority to organise state congresses resides exclusively with elected state executive committees, not with a caretaker or interim national leadership.

The court further held that the congresses and national convention conducted by the Mark-led caretaker leadership were null and void as they were held in disobedience to a subsisting order of the Federal High Court issued on April 14.

Justice Abba Mohammed, the head of the panel, however, dissented from the majority decision, holding that the dispute related to the internal affairs of a political party and was therefore not justiciable.

He maintained that the trial court lacked jurisdiction to entertain the matter.

In its ruling, the appellate court dismissed the appeal marked CA/ABJ/CV/608/2026, which the ADC filed to set aside the high court judgment, and awarded N10 million costs against the party.

The dispute originated from a suit lodged by aggrieved members of the ADC, including Don Norman Obinna and Johnny Tovie Derek, who challenged the decision of the Mark-led leadership to constitute committees for the purpose of conducting state congresses, arguing that the appointments violated both the 1999 Constitution and the ADC Constitution.

The plaintiffs maintained that only duly elected party organs recognised under the party’s constitution possess the authority to conduct congresses.

The judgment may jeopardise the presidential candidacies of former Vice President Atiku Abubakar and other candidates who emerged through the national congress organised by the Mark-led faction of the ADC.

Reacting to the verdict, the ADC, through its National Welfare Secretary, Nkem Ukandu, rejected the decision and announced plans to challenge the Court of Appeal’s ruling at the Supreme Court.