The Court of Appeal in Abuja has upheld a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses conducted by committees constituted by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).

In a split decision delivered on Monday, a three-member panel of the appellate court, led by Justice Okon Abang, affirmed the lower court’s order, ruling that there was no basis to overturn the judgment delivered by Justice Joyce Abdulmalik on April 29.

The appellate court also sustained the order preventing the Mark-led caretaker executives from interfering with the tenure and functions of the party’s duly elected state executive committees.

Justice Abang, who delivered the lead judgment, held that the responsibility for organising state congresses rests exclusively with elected state executive committees rather than the party’s national leadership.

The majority judgment, supported by Justice Donatus Okorowo, further barred INEC from recognising the outcome of congresses conducted by the Mark-led leadership.

However, Justice Abba Mohammed dissented, holding that the dispute was an internal affair of a political party and therefore not justiciable. He maintained that the Federal High Court lacked jurisdiction to entertain the suit.

The appellate court’s decision is expected to have far-reaching political implications, as it could cast uncertainty over the presidential candidacies of former Vice President Atiku Abubakar and other aspirants who emerged through the national convention organised by the Mark-led faction of the ADC ahead of the 2027 general election.

The appeal stemmed from an earlier ruling by the Federal High Court, which held that the four-year tenure of the ADC’s State Working Committees and State Executive Committees remained valid until properly constituted congresses and a national convention were held in line with the party’s constitution.

The suit, marked FHC/ABJ/CS/581/2026, was 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.

Named as defendants were the ADC, Senator David Mark, Senator Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Prof. Oserheimen Osunbor, sued on behalf of the Caretaker/Interim National Working Committee, and INEC.

The plaintiffs challenged the caretaker leadership’s decision to constitute committees to conduct state congresses, arguing that such appointments violated the party’s constitution and that only duly elected party organs possessed the authority to organise congresses.

In her judgment, Justice Abdulmalik agreed with the plaintiffs, holding that neither the 1999 Constitution nor the ADC Constitution empowered the caretaker committee headed by Senator Mark to appoint committees for the conduct of state congresses.

She further ruled that the suit raised constitutional and statutory issues warranting judicial intervention, noting that Section 223 of the Constitution requires political parties to conduct democratic elections while Article 23 of the ADC Constitution prescribes tenure limits for party officers.

Although courts generally avoid interfering in the internal affairs of political parties, Justice Abdulmalik held that intervention becomes necessary where constitutional or statutory breaches are alleged.

She found that the tenure of the party’s state executive committees remained valid and that only those elected structures were authorised to conduct state congresses, thereby nullifying every process initiated by the caretaker leadership.

The trial court had also dismissed objections challenging its jurisdiction and the competence of the suit, ruling that the issues involved INEC and therefore fell within the jurisdiction of the Federal High Court under Section 251 of the Constitution.

Affirming the lower court’s findings, the Court of Appeal said judicial intervention was necessary to “prevent anarchy and ensure the survival of democracy in Nigeria.”

The appellate court relied on a recent Supreme Court decision in the Peoples Democratic Party (PDP) leadership dispute, holding that the ADC case could not be treated as a mere internal party affair.

“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,” Justice Abang stated in the majority judgment.

The court consequently dismissed the appeal, marked CA/ABJ/CV/608/2026, filed by the ADC, holding that the congresses and national convention organised by the Mark-led leadership were null and void because they were conducted in defiance of a subsisting court order issued on April 14.

It also awarded N10 million in costs against the party.

Reacting after the judgment, the ADC, represented by its National Welfare Secretary, Mr. Nkem Ukandu, said it would challenge the decision at the Supreme Court.