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 state congresses organised by committees appointed by the caretaker leadership of the African Democratic Congress (ADC) led by former Senate President David Mark.
In a two-to-one majority decision delivered on Monday, July 13, Justices Okon Abang and Donatus Okorowo ruled that the appeal lacked merit and affirmed the lower court’s decision. Justice Abba Mohammed dissented, holding that the dispute was an internal party matter beyond the court’s jurisdiction.
Delivering the lead judgment, Justice Abang said there was no basis to overturn the April 29 ruling of Justice Joyce Abdulmalik of the Federal High Court, which restrained the caretaker leadership from conducting state congresses or interfering with the tenure of the party’s elected state executives.
The appellate court agreed with the trial court that only duly elected state executive committees have the constitutional authority to organise state congresses, not the party’s national caretaker leadership.
Justice Abang said the court was obligated to intervene to safeguard constitutional order.
“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 held.
He added that judicial intervention was necessary “to prevent anarchy and ensure the survival of democracy in Nigeria.”
Justice Mohammed, however, disagreed with the majority. In his dissenting judgment, he ruled that the matter concerned the internal affairs of a political party and should not have been entertained by the Federal High Court.
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The case originated from a suit filed by ADC members Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Olona Yinka, Charles Idowu Omideji, Samuel Pam Gyang and Obianyo Patrick, who sued on behalf of the party’s state chairmen and executive committees.
The plaintiffs challenged the decision of the David Mark-led caretaker leadership to establish committees to conduct state congresses, arguing that the move violated both the 1999 Constitution and the ADC constitution.
They insisted that only elected party organs recognised under the party’s constitution could organise congresses.
Justice Abdulmalik had agreed with their arguments, ruling that neither the Constitution nor the ADC constitution empowered the caretaker committee to appoint congress committees.
She held that the four-year tenure of the party’s elected State Working Committees and State Executive Committees remained valid until properly constituted congresses and a national convention were conducted.
The trial judge also dismissed objections challenging the competence of the suit, holding that the case involved INEC’s constitutional responsibilities and therefore fell within the jurisdiction of the Federal High Court.
She further ruled that the plaintiffs had the legal standing to institute the action.
The Court of Appeal also held that congresses and the national convention conducted by the David Mark-led caretaker leadership were null and void because they were carried out despite an earlier court order issued on April 14 restraining such actions.
Consequently, the court dismissed the appeal marked CA/ABJ/CV/608/2026, filed by the ADC caretaker leadership, and awarded ₦10 million in costs against the party.