The Court of Appeal in Abuja has restrained the Independent National Electoral Commission (INEC) from recognising state congresses conducted by committees appointed by the David Mark-led caretaker leadership of the African Democratic Congress (ADC).
The decision was delivered on Monday in a majority judgment by Justices Okon Abang and Donatus Okorowo, who affirmed an earlier ruling of the Federal High Court in Abuja restraining the caretaker leadership from organising state congresses through appointed committees.
Justice Okon Abang held that there was no basis to overturn the restraining order issued by Justice Joyce Abdulmalik on April 29. He also upheld the lower court’s decision preventing the David Mark-led executives from interfering with the tenure and responsibilities of the party’s duly elected state executives.
The appellate court further ruled that the responsibility for conducting state congresses rests with the elected state executive committees of political parties, not the national leadership. Consequently, the court barred INEC from recognising the outcomes of any state congresses conducted under the authority of the caretaker leadership.
According to Justice Abang, once a matter before the court involves an alleged constitutional violation, it ceases to be merely an internal affair of a political party and becomes subject to judicial review.
However, the presiding Justice of the panel, Justice Abba Mohammed, delivered a dissenting judgment. He maintained that disputes relating to the internal affairs of political parties are generally non-justiciable and faulted the Federal High Court for assuming jurisdiction over the matter.
Despite the dissenting opinion, the Court of Appeal dismissed the ADC’s appeal marked CA/ABJ/CV/608/2026, thereby affirming the earlier judgment of the Federal High Court.
The case originated from a suit filed by aggrieved members of the ADC, including Don Obinna, Johnny Derek, Obah C. Ehigiator, Olona Yinka, Dr. Charles Omideji, Samuel Gyang, and Obianyo Patrick, who instituted the action on behalf of all State Chairmen and State Executive Committees of the party.
The defendants in the suit include the African Democratic Congress (ADC), Senator David Mark, Senator Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Professor Oserheimen Osunbor, and the Independent National Electoral Commission (INEC).
The plaintiffs challenged the decision of the caretaker leadership to establish committees for the conduct of state congresses despite the continued existence and recognition of duly elected state party executives.
In her April 29 judgment, Justice Joyce Abdulmalik ruled that neither the 1999 Constitution of the Federal Republic of Nigeria (as amended) nor the Constitution of the African Democratic Congress empowers the caretaker or interim National Working Committee led by Senator David Mark to appoint committees for the conduct of state congresses.
The ruling reinforces the authority of elected state party executives and underscores the judiciary’s role in ensuring that political parties comply with constitutional and internal party provisions in the conduct of their affairs.
