The Court of Appeal in Abuja has upheld a Federal High Court judgment restraining the Independent National Electoral Commission from recognising state congresses conducted by committees set up by the David Mark-led caretaker leadership of the African Democratic Congress.
A three-member panel of the appellate court delivered the judgment on Monday.
In the lead majority decision, Justice Okon Abang held that there was no basis to overturn the restraining order earlier granted by the Federal High Court in Abuja on April 29.
The appellate court also affirmed the order made by Justice Joyce Abdulmalik, which barred the Mark-led executives from interfering with the tenure and duties of elected ADC state executives.
The court agreed that the responsibility for organising state congresses within a political party belongs to elected state executive committees and not the national leadership.
Justices Okon Abang and Donatus Okorowo formed the majority decision that stopped INEC from recognising the outcome of congresses organised under the Mark-led ADC structure.
However, the presiding justice of the panel, Justice Abba Mohammed, delivered a dissenting judgment.
In his minority opinion, Justice Mohammed held that the dispute was an internal affair of a political party and was therefore not justiciable.
He also held that the Federal High Court ought not to have assumed jurisdiction over the matter.
The ruling may raise fresh uncertainty over candidates who emerged from processes linked to the national congress organised by the Mark-led faction of the ADC ahead of the 2027 general elections.
The earlier Federal High Court judgment had held that the four-year tenure of the ADC State Working Committees and State Executive Committees remained valid.
The court said the tenure would continue pending the conduct of properly constituted congresses and the convocation of a national convention.
The case followed a suit marked FHC/ABJ/CS/581/2026, filed by some aggrieved members of the African Democratic Congress.
The plaintiffs included Don Obinna, Johnny Derek, Obah C. Ehigiator, Olona Yinka, Dr Charles Omideji, Samuel Gyang and Obianyo Patrick.
They sued on behalf of ADC state chairmen and state executive committees.
The defendants in the case included the ADC, Senator David Mark, Senator Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Prof. Oserheimen Osunbor and INEC.
The plaintiffs challenged the decision of the Mark-led leadership to constitute committees for the conduct of state congresses.
They also questioned the validity of appointments made by the caretaker committee.
According to the plaintiffs, state congresses conducted under the supervision of the caretaker committee would violate the ADC constitution.
They argued that only properly elected party organs recognised by the party’s constitution had the authority to conduct congresses.
In its ruling, the Court of Appeal said the matter required judicial intervention to prevent disorder and protect democratic processes.
Justice Abang, in the majority judgment, relied on a recent Supreme Court decision relating to a leadership dispute in the Peoples Democratic Party.
He held that where a complaint alleges a constitutional violation, the issue can no longer be treated strictly as an internal party matter.
The appellate court consequently dismissed the appeal marked CA/ABJ/CV/608/2026, filed by the ADC to set aside the Federal High Court judgment.
The Federal High Court had earlier held that neither the 1999 Constitution nor the ADC Constitution empowered the caretaker or interim National Working Committee led by Mark to appoint committees for state congresses.
Justice Abdulmalik had ruled that the plaintiffs’ claims were valid and deserved judicial consideration because they involved alleged breaches of constitutional and statutory provisions.
The court also referenced Section 223 of the 1999 Constitution, which requires political parties to conduct periodic elections on democratic principles.
It further noted that Article 23 of the ADC Constitution provides that national and state officers may hold office for a maximum of two terms covering eight years.
Justice Abdulmalik had stressed that although courts usually avoid interfering in the internal affairs of political parties, they can intervene where there are clear allegations of constitutional or statutory violations.
The latest Appeal Court decision leaves INEC restrained from recognising the disputed congresses conducted under the Mark-led ADC leadership.
