The Court of Appeal in Abuja on Monday upheld a Federal High Court judgement restraining the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses conducted by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a majority decision of two to one, the three-member appellate panel affirmed the earlier ruling delivered by Justice Joyce Abdulmalik, which barred the caretaker leadership from interfering with the tenure and responsibilities of the party’s elected state executive committees.
Justice Okon Abang, who delivered the lead judgement, held that there was no basis to overturn the Federal High Court’s order issued on April 29.
He agreed that the authority to organise state congresses rests with duly elected state executive committees rather than the party’s national leadership.
Justice Donatus Okorowo aligned with the majority decision, while the presiding justice of the panel, Justice Abba Mohammed, dissented.
In his minority judgement, Justice Mohammed maintained that the dispute involved the internal affairs of a political party and therefore fell outside the jurisdiction of the courts. He ruled that the trial court ought not to have entertained the suit.
The appellate court’s ruling is expected to have far-reaching political implications, as it could affect the validity of the presidential candidacy of former Vice President Atiku Abubakar and other candidates who emerged from the national congress organised by the David Mark-led faction ahead of the 2027 general elections.
The appellate court also affirmed the lower court’s declaration that the four-year tenure of the ADC’s State Working Committees and State Executive Committees remains valid until properly constituted congresses are conducted and a national convention is held in line with the party’s constitution.
The case originated from Suit No. FHC/ABJ/CS/581/2026 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 instituted the action on behalf of themselves and all ADC state chairmen and state executive committees.
The defendants in the suit included the ADC, Senator David Mark, Senator Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Prof. Oserheimen Osunbor, who was sued on behalf of the Caretaker/Interim National Working Committee, and INEC.
The plaintiffs challenged the caretaker committee’s decision to establish committees for the conduct of state congresses, arguing that such appointments violated the ADC constitution.
They contended that only duly elected party organs possess the constitutional authority to organise congresses.
In the judgment affirmed by the appellate court, Justice Abdulmalik held that neither the 1999 Constitution nor the ADC Constitution empowered the caretaker committee led by Senator Mark to appoint committees for state congresses.
She ruled that the plaintiffs had established constitutional and statutory violations, noting that Section 223 of the Constitution requires political parties to conduct periodic elections based on democratic principles, while Article 23 of the ADC Constitution limits the tenure of national and state officers to two terms spanning eight years.
The trial judge further observed that although courts generally refrain from interfering in the internal affairs of political parties, judicial intervention becomes necessary where constitutional or statutory breaches are alleged.
According to the court, the evidence showed that the tenure of the elected state executive committees remained valid and should not be disrupted.
Consequently, it declared that only the elected state structures were authorised to conduct state congresses and nullified all processes initiated by the caretaker leadership.
The Court of Appeal also upheld the trial court’s dismissal of the defendants’ preliminary objection challenging the court’s jurisdiction.
It agreed that the matter involved INEC’s constitutional responsibilities and therefore fell within the jurisdiction of the Federal High Court under Section 251 of the 1999 Constitution.
The appellate court further rejected the argument that the plaintiffs failed to exhaust the party’s internal dispute resolution mechanism before approaching the court, holding that they possessed the legal standing to institute the action.
In the majority judgment, Justice Abang said the court was duty-bound to intervene to protect constitutional order and democratic governance.
Citing a recent Supreme Court decision on the leadership crisis within the Peoples Democratic Party, he held that disputes involving alleged constitutional violations cannot be shielded under the doctrine of internal party affairs.
The court consequently dismissed Appeal No. CA/ABJ/CV/608/2026 filed by the ADC, declaring that the state congresses and national convention conducted by the David Mark-led caretaker leadership were null and void because they were held in defiance of a subsisting court order issued on April 14.
The appellate court also awarded costs of N10 million against the ADC.
Reacting to the judgement, the party, represented by its National Welfare Secretary, Mr. Nkem Ukandu, announced its intention to challenge the decision before the Supreme Court.
Theconclave.com
