Amanze Chinonye
The Court of Appeal in Abuja on Monday affirmed a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising or participating in state congresses organised by committees appointed by the David Mark-led caretaker leadership of the African Democratic Congress (ADC), Prime Business Africa reports.
In a split decision of two-to-one, a three-member panel of the appellate court dismissed the appeal filed by the ADC and upheld the April 29, 2026 judgment of Justice Joyce Abdulmalik of the Federal High Court, Abuja, which barred INEC from recognising the outcome of congresses conducted under the disputed leadership arrangement.
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Justice Okon Abang, who delivered the lead judgment, held that there was no basis to set aside the restraining orders issued by the trial court. Justice Donatus Okorowo agreed with the majority decision, while Justice Abba Mohammed, the presiding justice of the panel, delivered a dissenting judgment.
The appellate court also upheld the order restraining the David Mark-led caretaker leadership from interfering with the tenure and functions of the ADC’s elected state executive committees.
The court held that the responsibility for conducting state congresses of political parties rests with duly elected party structures recognised by their constitutions, rather than interim or caretaker leadership bodies.
Justice Abang, in the majority judgment, held that the matter could not be treated as a purely internal affair of a political party because it involved allegations of constitutional violations.
“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 court held.
The legal dispute followed a suit filed by Don Norman Obinna and six others on behalf of ADC state chairmen and state executive committees, challenging the decision of the Mark-led caretaker leadership to constitute committees to conduct state congresses.
The plaintiffs argued that the planned congresses violated the ADC constitution, insisting that only duly elected party organs had the authority to organise such exercises.
They contended that the tenure of the party’s elected state executive committees remained valid and could not be disrupted by actions taken by a caretaker leadership.
In its earlier judgment, the Federal High Court held that neither the 1999 Constitution, as amended, nor the ADC constitution empowered the caretaker/interim National Working Committee led by Mark to appoint committees for the purpose of conducting state congresses.
Justice Abdulmalik ruled that the existing state executive committees remained valid and should continue to function until the expiration of their tenure and the conduct of properly constituted congresses.
The trial court also held that although courts are generally reluctant to interfere in the internal affairs of political parties, judicial intervention becomes necessary where there are allegations of breaches of constitutional or statutory provisions.
The Court of Appeal affirmed that position, holding that the matter fell within the jurisdiction of the Federal High Court because it involved issues relating to INEC and alleged violations of constitutional provisions governing political party administration.
The appellate court also upheld the lower court’s decision dismissing preliminary objections filed by the defendants, including challenges to the competence of the suit and the plaintiffs’ legal standing to institute the action.
The majority judgment further held that congresses and the national convention conducted by the Mark-led faction of the ADC were held in violation of a subsisting court order and were therefore invalid.
Consequently, the appellate court dismissed the appeal marked CA/ABJ/CV/608/2026 and awarded a cost of ₦10 million against the ADC.
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The judgment represents another setback for the David Mark-led faction of the party and could affect the recognition of party structures and candidates that emerged from congresses organised under the disputed leadership arrangement ahead of the 2027 general elections.
Former Vice-President Atiku Abubakar and other candidates who emerged through the national congress conducted by the Mark-led faction could be affected by the legal implications of the ruling, subject to further judicial developments.
Reacting to the judgment, the ADC, through its National Welfare Secretary, Nkem Ukandu, said the party would challenge the decision at the Supreme Court.
The leadership crisis within the ADC has continued to generate legal and political disputes, with rival factions contesting control of the party’s structures and the authority to conduct congresses and other internal activities.
Amanze Chinonye is a Staff Correspondent at Prime Business Africa, a rising star in the literary world, weaving captivating stories that transport readers to the vibrant landscapes of Nigeria and the rest of Africa. With a unique voice that blends with the newspaper's tradition and style, Chinonye's writing is a masterful exploration of the human condition, delving into themes of identity, culture, and social justice. Through her words, Chinonye paints vivid portraits of everyday African life, from the bustling markets of Nigeria's Lagos to the quiet villages of South Africa's countryside . With a keen eye for detail and a deep understanding of the complexities of Nigerian society, Chinonye's writing is both a testament to the country's rich cultural heritage and a powerful call to action for a brighter future. As a writer, Chinonye is a true storyteller, using her dexterity to educate, inspire, and uplift readers around the world.
