Court of Appeal in Abuja has upheld a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising or taking part in any state congresses organised by the caretaker leadership of the African Democratic Congress (ADC) headed by former Senate President David Mark.
The appellate court delivered the ruling on Monday in a split decision, with two justices ruling in favour of upholding the earlier judgment, while one justice dissented.
The judgment affirms the decision of Justice Joyce Abdulmalik of the Federal High Court, delivered on April 29, 2026, which declared that the tenure of the ADC’s state working committees and state executive committees remains valid until fresh state congresses are lawfully conducted and a national convention is convened.
Justice Abdulmalik had ruled that the caretaker or interim National Working Committee led by David Mark lacks the constitutional authority to appoint committees to conduct state congresses.
According to the court, neither the provisions of the 1999 Constitution nor the ADC Constitution empower the caretaker leadership to organise or supervise state congresses.
The court further held that the responsibility for conducting state congresses rests solely with the party’s duly constituted state executive committees, and not with the national executive committee or any interim leadership.
The legal dispute arose from a suit marked FHC/ABJ/CS/581/2026, filed by a group of aggrieved ADC members, including Don Norman Obinna, Johnny Tovie Derek, Obah Ehigiator, Olona Yinka, Charles Omideji, Samuel Pam Gyang and Obianyo Patrick.
The plaintiffs instituted the action on behalf of all ADC state chairmen and members of the party’s state executive committees, arguing that the caretaker leadership exceeded its constitutional powers by attempting to organise state congresses and appoint committees to oversee the process.
By affirming the Federal High Court’s judgment, the Court of Appeal has effectively maintained the order preventing INEC from recognising any state congresses conducted under the authority of the David Mark-led caretaker leadership, pending compliance with the party’s constitutional provisions governing the conduct of such exercises.
