Court stops INEC from recognizing ADC congresses led by Mark

The Court of Appeal in Abuja on Monday backed a Federal High Court decision that stops the Independent National Electoral Commission from recognizing or taking part in state congresses run by committees set up by Senator David Mark's caretaker leadership of the African Democratic Congress.

In a two-to-one decision, the appellate court rejected the appeal marked CA/ABJ/CV/608/2026. This decision upheld the April 29 ruling by Justice Joyce Abdulmalik, which barred the caretaker leadership from interfering with the work of the party’s elected state executive committees.

Justice Okon Abang gave the lead judgment. He said there was no reason to overturn the lower court’s decision. He pointed out that the right to hold state congresses belongs to elected state executive committees, not a caretaker national leadership.

Justice Donatus Okorowo agreed with the lead judgment. But Justice Abba Mohammed, who led the panel, disagreed.

Justice Mohammed argued that the issue was about the internal matters of a political party and should not be judged in court. He added that the Federal High Court had no power to hear the case.

The majority of the judges, however, said the case raised constitutional questions that required court action. Justice Abang explained that when a complaint is based on alleged breaches of the constitution, the argument that the matter is an internal party issue does not apply.

He stated, "Once a complaint before the court is based on a constitutional breach, the shield of internal affairs drops and the veil is lifted for judicial action."

The appellate court said judicial intervention was needed to "prevent anarchy and ensure democracy in Nigeria."

Citing a recent Supreme Court judgment related to a leadership crisis in the Peoples Democratic Party, the court said the ADC issue was not just a simple internal party matter. It also ruled that the congresses and national convention organized by the Mark-led caretaker committee were invalid since they went against an existing order from the Federal High Court on April 14.

The court ordered that N10 million be paid in costs against the ADC.

In his dissenting opinion, Justice Mohammed disagreed with the ruling that the trial court had the power to hear the case. He supported the argument that the trial court should not interfere in political decisions.

He also mentioned that the role of the state executive committees was only to prepare for state congresses, not to run them. He described the actions of the first to seventh respondents as immature.

This judgment came from case FHC/ABJ/CS/581/2026, brought by Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr. Charles Idowu Omideji, Samuel Pam Gyang, and Obianyo Patrick. They represented themselves and other ADC state chairmen and state executive committees.

The plaintiffs challenged the caretaker committee's choice to set up committees for state congresses. They argued that this action broke both the party’s constitution and the 1999 Constitution.

They maintained that only properly elected party bodies have the constitutional power to organize state congresses. The defendants included the ADC, Senator David Mark, Senator Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Prof. Oserheimen Osunbor, who represented the Caretaker/Interim National Working Committee, and INEC.

In the ruling backed by the appellate court, Justice Abdulmalik stated that neither the 1999 Constitution nor the ADC Constitution allowed the caretaker committee to form committees for state congresses.

She ruled that the tenure of the party’s State Working Committees and State Executive Committees was valid and still in place until properly held congresses and a national convention took place according to the party’s constitution.

The judge pointed out that while courts usually avoid interfering in political parties' internal matters, they will step in when constitutional or legal breaches are claimed.

Justice Abdulmalik also turned down the defendants’ objection that questioned the suit's validity. She stated that the case fell under the Federal High Court's jurisdiction because it involved INEC's duties.

She rejected claims that the plaintiffs did not try to resolve the party's internal disputes before going to court and confirmed that they had the standing to bring the case.

The appellate court’s ruling could have major effects for the ADC as it prepares for the 2027 general elections. It raises questions about the legitimacy of congresses and the national convention held by the David Mark-led caretaker committee, which produced several party candidates, including former Vice-President Atiku Abubakar.