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 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 affirmed the ruling earlier issued by Justice Joyce Abdulmalik of the Federal High Court, Abuja, on April 29, 2026.
The earlier judgment barred INEC from recognising or taking part in state congresses convened by the ADC’s caretaker or interim national leadership headed by former Senate President David Mark.
Justice Abdulmalik had ruled that the four-year tenure of the party’s state working committees and state executive committees remains valid and subsisting until properly constituted state congresses are conducted and a national convention is convened in accordance with the party’s constitution.
The trial court further held that neither the Constitution of the Federal Republic of Nigeria nor the constitution of the ADC grants the Mark-led caretaker or interim National Working Committee the authority to appoint committees to organise state congresses.
According to the judgment, the responsibility for conducting state congresses rests solely with the party’s state executive committees and not with the national executive committee or any interim leadership.
The suit, marked FHC/ABJ/CS/581/2026, was instituted 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 filed the action on their own behalf and on behalf of all ADC state chairmen and members of the party’s state executive committees across the country.
They argued that the caretaker leadership lacked the constitutional authority to organise state congresses or constitute committees for that purpose, insisting that such powers reside exclusively with the duly elected state executive committees.
With the Court of Appeal’s decision, the Federal High Court’s order remains in force, preventing INEC from recognising or participating in any state congresses conducted by the David Mark-led caretaker leadership unless the decision is overturned by a higher court.
