The Court of Appeal in Abuja has affirmed a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising or participating in 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, the appellate court upheld the earlier ruling of the Federal High Court, holding that the authority to conduct state congresses resides with duly elected state executive committees and not the party’s national caretaker leadership.
The majority judgment, delivered by Justice Okon Abang and concurred in by Justice Donatus Okorowo, also sustained the order restraining the Mark-led caretaker committee from interfering with the tenure and functions of elected state executives across the country.
Justice Abba Mohammed, however, dissented, holding that the dispute bordered on the internal affairs of a political party and was therefore outside the jurisdiction of the court.
The appellate court further held that the congresses and national convention organised by the David Mark-led leadership were conducted in violation of a subsisting court order and were consequently null and void.
The judgment represents another legal setback for the caretaker committee headed by the former Senate President, whose emergence had sparked a protracted leadership dispute within the opposition party.
The decision also reinforces the earlier position of the Federal High Court that party structures established through the disputed congresses cannot enjoy legal recognition pending compliance with existing court orders and the ADC’s constitution.
The ruling is expected to have significant implications for the party’s internal reorganisation and preparations for future political activities, particularly as the ADC seeks to reposition itself ahead of the 2027 general elections.
Neither the David Mark-led caretaker committee nor the Independent National Electoral Commission had issued an official reaction to the judgment as of the time of filing this report.
Senator David Mark
