The Court of Appeal sitting in Abuja has affirmed a Federal High Court 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), a decision that could jeopardise the 2027 presidential ambition of former Vice President Atiku Abubakar.
In a split decision delivered on Monday, a three-member panel of the appellate court upheld the earlier ruling of the Federal High Court, which barred the David Mark-led caretaker leadership from interfering with the tenure and functions of the party’s elected state executives.
Justice Okon Abang, who delivered the lead judgment, held that there was no basis to overturn the restraining order issued by Justice Joyce Abdulmalik of the Federal High Court on April 29. Justice Donatus Okorowo concurred with the majority decision, while Justice Abba Mohammed dissented, arguing that the matter was an internal affair of a political party and therefore not justiciable. 
The appellate court agreed that the responsibility for conducting state congresses lies with duly elected state executive committees and not committees appointed by the party’s national caretaker leadership.
It consequently upheld the order restraining INEC from recognising any congresses conducted under the supervision of the David Mark-led caretaker committee and reaffirmed that the tenure of the ADC’s elected state executives remains valid until properly constituted congresses and a national convention are held.
The ruling stems from a suit filed by aggrieved members of the ADC, who challenged the caretaker committee’s decision to appoint committees to conduct state congresses, arguing that the move violated both the party’s constitution and the provisions of the 1999 Constitution.
The plaintiffs maintained that only duly elected party organs possess the constitutional authority to organise congresses and elect party officials, a position earlier upheld by the Federal High Court.
In affirming that judgment, the Court of Appeal held that the congresses and national convention organised by the David Mark-led leadership were conducted in disobedience to an existing court order and were therefore null and void.
Justice Abang, in the majority judgment, stated that although courts generally avoid interfering in the internal affairs of political parties, judicial intervention becomes necessary where constitutional or statutory violations are alleged.
“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,” the appellate court held.
The court further dismissed the appeal filed by the ADC and awarded a cost of ₦10 million against the party.
The judgment is expected to have significant political implications ahead of the 2027 general elections, as it raises fresh legal questions over the validity of candidates who emerged through processes conducted by the David Mark-led caretaker leadership, including the reported presidential candidacy of former Vice President Atiku Abubakar.
Reacting to the judgment, the ADC, represented by its National Welfare Secretary, Nkem Ukandu, said the party would challenge the decision at the Supreme Court.
