Appeal Court declares Mark-led ADC Congresses invalid

A split decision by the Court of Appeal in Abuja has upheld an earlier Federal High Court verdict restraining the Independent National Electoral Commission (INEC) from recognising or participating in state congresses organised by committees appointed by the leadership of the African Democratic Congress (ADC) headed by former Senate President David Mark.

In a majority judgment delivered on Monday, two members of the three-member panel agreed that there was no basis to overturn the orders issued by Justice Joyce Abdulmalik of the Federal High Court on April 29.

Justice Okon Abang, who delivered the lead judgment, was supported by Justice Donatus Okorowo, while the presiding justice, Justice Abba Mohammed, dissented.

The appellate court affirmed the order restraining the caretaker leadership from interfering with the tenure and responsibilities of the party’s elected state executive committees. It also agreed with the lower court that the authority to conduct state congresses lies with the elected state executives rather than the national leadership.

Justice Mohammed, in his dissenting judgment, maintained that the dispute was an internal matter of the party and therefore outside the jurisdiction of the courts. He held that the Federal High Court ought not to have entertained the suit.

The ruling is expected to have significant political implications, with questions likely to arise over the status of candidates produced through the national congress organised by the Mark-led faction ahead of the 2027 general elections, including former Vice-President Atiku Abubakar.

The legal dispute arose from a suit filed by Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr Charles Idowu Omideji, Samuel Pam Gyang and Obianyo Patrick, who sued on behalf of themselves and all ADC state chairmen and state executive committees.

They challenged the caretaker committee’s decision to establish committees to conduct state congresses, arguing that only elected party organs recognised by the ADC constitution have such powers.

The defendants included the ADC, Senator David Mark, Senator Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Prof. Oserheimen Osunbor, who were sued on behalf of the caretaker/interim National Working Committee, and INEC.

In the earlier judgment, Justice Abdulmalik ruled that neither the 1999 Constitution nor the ADC constitution empowered the caretaker committee to appoint committees for state congresses.

She held that the tenure of the party’s State Working Committees and State Executive Committees remained valid until properly constituted congresses and a national convention were held.

The judge further held that the case was properly before the court because it involved constitutional and statutory issues rather than merely the internal affairs of a political party.

The Court of Appeal agreed with that reasoning, holding that judicial intervention was justified.

The court said it had a duty to intervene to “prevent anarchy and ensure the survival of democracy in Nigeria.”

Justice Abang added: “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.”

The appellate court consequently dismissed the appeal marked CA/ABJ/CV/608/2026, affirming that the congresses and national convention conducted by the Mark-led leadership were null and void because they were carried out in defiance of an existing court order issued on April 14.

It also ordered the ADC to pay costs of N10 million.