The Court of Appeal sitting in Abuja, on Monday, affirmed the judgment restraining the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses organised by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).
The appellate court, in a split decision of two-to-one, held that it found no reason to set aside the restraining order issued against the Mark-led ADC on April 29 by the Federal High Court in Abuja.
It further upheld the order of trial Justice Joyce Abdulmalik, which restrained the Mark-led executives from interfering with the tenure and functions of the party’s elected state executives.
The three-member panel concurred that the responsibility for conducting state congresses of political parties rest with elected state executive committees, not with the national leadership.
While Justices Abang and Donatus Okorowo gave the majority verdict barring INEC from acknowledging the outcome of congresses held by the Mark-led leadership, the head of the appellate court’s panel, Justice Abba Mohammed, gave a dissenting judgment.
In his minority decision, Justice Mohammed held that the case that precipitated the restraining order bordered on a non-justiciable internal affair of a political party.
He held that the trial court was wrong to have assumed jurisdiction to entertain the matter.
Following the judgment, there are fears that it may jeopardise the candidacies of former Vice President Atiku Abubakar and other candidates who emerged through the national congress organised by the Mark-led faction of the ADC, ahead of the 2027 general elections.
Recall that the Federal High Court had, in its judgment, held that the four-year tenure of the ADC’s State Working Committees and State Executive Committees remained valid and subsisting, pending the conduct of properly constituted congresses and the convocation of a national convention.
The judgment followed a suit marked FHC/ABJ/CS/581/2026, lodged before the court by aggrieved members of the ADC.
Those behind the suit are Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr. Charles Idowu Omideji, Samuel Pam Gyang, and Obianyo Patrick, who told the court that they sued for themselves and on behalf of all State Chairmen and State Executive Committees of the African Democratic Congress (ADC).
Listed as defendants in the matter are the ADC; Senator David Mark; Senator Patricia Akwashiki; Mallam Bolaji Abdullahi; Ogbeni Rauf Aregbesola; and Prof. Oserheimen Osunbor (sued on behalf of the Caretaker/Interim National Working Committee); and INEC.
The plaintiffs had, among other things, challenged the decision of the Senator Mark-led leadership of the ADC to constitute committees for the purpose of conducting state congresses.
They challenged the validity of appointments made by the Mark-led caretaker committee, arguing that planned state congresses slated for April 2026, if conducted under the supervision of the said caretaker committee, would constitute a gross violation of the party’s constitution.
The plaintiffs maintained that only duly elected party organs recognised under the party’s constitution possess the power to conduct congresses.
