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 any state congresses organised by the David Mark-led leadership of the African Democratic Congress (ADC).
In a split decision of two to one delivered on Monday, the appellate court upheld the judgment of Justice Joyce Abdulmalik of the Federal High Court, Abuja, delivered on April 29, 2026.
In the earlier ruling, Justice Abdulmalik restrained INEC from recognising or participating in any state congresses conducted by the ADC’s caretaker/interim National Working Committee led by former Senate President David Mark.
The judge held that the four-year tenure of the party’s State Working Committees and State Executive Committees remains valid and subsisting pending the conduct of properly constituted state congresses and the convening of a national convention.
Justice Abdulmalik also ruled that neither the Constitution of the Federal Republic of Nigeria nor the ADC Constitution empowers the caretaker/interim National Working Committee to appoint committees to conduct state congresses.
According to the court, the responsibility for conducting state congresses rests with the party’s State Executive Committees, not the National Executive Committee.
The suit, marked FHC/ABJ/CS/581/2026, was filed by aggrieved members of the party, including Don Norman Obinna, Johnny Tovie Derek, Obah Ehigiator, Olona Yinka, Charles Omideji, Samuel Pam Gyang, and Obianyo Patrick.
The plaintiffs sued on behalf of themselves and all ADC state chairmen and State Executive Committees, arguing that the caretaker committee lacked the constitutional authority to organise state congresses or appoint committees for that purpose.
With Monday’s judgment, the Court of Appeal upheld the Federal High Court’s decision, leaving in place the order restraining INEC from recognising or participating in any state congresses organised by the David Mark-led caretaker leadership of the party.
