ABUJA — The Court of Appeal sitting in Abuja has upheld an order restraining the Independent National Electoral Commission (INEC) from recognising or participating in 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 2–1 judgment, dismissed an appeal filed by the ADC leadership and affirmed the April 29, 2026 judgment of the Federal High Court in Abuja, delivered by Justice Joyce Abdulmalik.
The ruling is the latest development in the prolonged leadership crisis rocking the opposition party ahead of the 2027 general elections. 
Delivering the lead judgment, Justice Okon Abang, supported by Justice Donatus Okorowo, held that the appellants failed to provide sufficient grounds for overturning the decision of the lower court.
The majority agreed with the Federal High Court that the conduct of state congresses falls within the functions of the party’s duly elected state executive structures and could not lawfully be taken over by a caretaker national leadership whose authority was being contested.
The court consequently upheld the order restraining the Mark-led caretaker leadership from interfering with the tenure and functions of the existing elected state executives.
The suit, marked FHC/ABJ/CS/581/2026, was instituted by aggrieved members of the ADC, including Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Olona Yinka, Charles Idowu Omideji, Samuel Pam Gyang and Obianyo Patrick.
They sued on behalf of themselves and ADC state chairmen and executive committees across the country. INEC, Mark, former Minister of Interior Rauf Aregbesola and other members of the caretaker leadership were listed as defendants.
Court nullifies disputed congresses, convention
The appellate court also addressed the validity of congresses and the national convention conducted by the Mark-led caretaker structure.
It held that the exercises were nullities because they were conducted in defiance of a subsisting order of the Federal High Court.
The court maintained that the caretaker leadership could not rely on the disputed structure to remove or replace elected state executives whose tenure remained valid.
INEC was therefore barred from recognising the outcomes of the disputed congresses, while the court awarded ₦10 million in costs against the ADC.
The Federal High Court had earlier ruled that neither the 1999 Constitution nor the ADC Constitution gave the caretaker committee the authority to appoint committees to conduct state congresses in the circumstances of the case.
Justice Abdulmalik had also held that the tenure of the existing state working and executive committees remained valid until congresses and a national convention were conducted in accordance with the party’s constitution.
The court rejected the argument that the dispute was solely an internal party affair, holding that allegations of breaches of constitutional and statutory provisions could justify judicial intervention.
Minority judgment
The judgment was not unanimous.
Justice Abba Mohammed, who headed the three-member panel, dissented.
In his minority judgment, he held that the dispute was essentially an internal matter of the political party and questioned the jurisdiction of the Federal High Court to entertain the suit.
He also disagreed with the majority’s decision to uphold the lower court’s intervention in the party’s internal affairs.
The majority, however, maintained that where a dispute raises allegations of constitutional violations, such matters may be subject to judicial scrutiny.
Implications for ADC and 2027 elections
The ruling could have significant implications for the ADC’s preparations for the 2027 general elections, particularly because the disputed congresses and national convention were used to establish party structures and select candidates.
