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 Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a 2-1 majority decision, Justices Okon Abang and Donatus Okorowo affirmed the April 29 ruling of the Federal High Court, which barred the caretaker leadership from interfering with the tenure and functions of the party’s elected state executive committees.
Delivering the lead judgment, Justice Abang agreed that only elected state executive committees have the constitutional authority to conduct state congresses, not the party’s national caretaker leadership.
However, the presiding Justice, Abba Mohammed, dissented, arguing that the dispute was an internal party matter beyond the jurisdiction of the courts.
At the time of filing this report, INEC had not reacted to the judgment.
Judgment May Affect ADC’s Internal Structure
The appellate court’s decision could have implications for former Vice President Atiku Abubakar and other candidates who emerged through processes conducted by the David Mark-led leadership ahead of the 2027 general elections.
The case originated from a suit filed by several aggrieved ADC members, including Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr. Charles Idowu Omideji, Samuel Pam Gyang, and Obianyo Patrick, who challenged the caretaker committee’s decision to appoint committees to conduct state congresses.
The plaintiffs argued that only duly elected party organs recognised by the ADC Constitution could organise such congresses.
In its earlier ruling, the Federal High Court held that the four-year tenure of the ADC’s State Working Committees and State Executive Committees remained valid until properly constituted congresses and a national convention are conducted.
Justice Joyce Abdulmalik ruled that neither the 1999 Constitution nor the ADC Constitution empowered the David Mark-led caretaker committee to appoint committees for state congresses.
She further held that courts could intervene in internal party matters where constitutional or statutory violations were alleged.
The Court of Appeal agreed, stating that once a dispute involves constitutional issues, it is no longer shielded as an internal party affair.
The appellate court also declared that the congresses and national convention conducted by the caretaker leadership were null and void because they were held despite an existing court order issued on April 14.
The appeal, marked CA/ABJ/CV/608/2026, was dismissed, and the court awarded N10 million in costs against the ADC.
Following the judgment, the party announced plans to challenge the ruling at the Supreme Court.
ADC Says Candidates Produced Through Direct Primaries Remain Valid
Reacting to the judgment, the ADC insisted that its candidates who emerged through direct primaries remain unaffected.
National Publicity Secretary Mallam Bolaji Abdullahi said the ruling concerns only the conduct of state congresses and does not invalidate candidates produced through the party’s direct primary process.
He disclosed that the party had already begun the process of appealing the judgment, describing it as legally unsustainable.
Abdullahi also pointed to the dissenting judgment of Justice Abba Mohammed, saying it reflected the party’s interpretation of the law.
He urged party members and supporters to remain calm while the legal process continues, stressing that the ADC remains committed to offering Nigerians a credible political alternative.
Atiku Heads to Supreme Court
Presidential candidate Atiku Abubakar also rejected suggestions that the Appeal Court judgment had affected his candidacy.
Speaking through his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku said his legal team had been instructed to approach the Supreme Court for a final determination of the issues.
He argued that the judgment dealt only with state congresses and the tenure of state executive committees, not the party’s primary elections conducted under the Electoral Act.
According to Atiku, the election of party executives and the nomination of candidates are separate legal processes governed by different laws.
He urged party supporters to remain focused, insisting that his presidential ambition for the 2027 elections remains intact.
ADC Alleges Forged INEC Documents
Meanwhile, the ADC has accused a group led by Nafiu Bala Gombe of allegedly using forged INEC documents to falsely claim it uploaded the names of a presidential candidate and other nominees to the commission’s nomination portal.
In a statement, Mallam Bolaji Abdullahi called on INEC to investigate what he described as the forgery and unauthorised use of documents bearing the commission’s name.
The party maintained that only the leadership recognised by INEC has access to the nomination portal and the required nomination codes.
ADC argued that the electoral commission does not issue nomination portal access or duplicate nomination codes to rival groups within the same political party.
The party challenged those making the claims to provide evidence that any unauthorised upload took place.
ADC Says No Leadership Crisis Exists
The ADC also dismissed reports of a leadership dispute within the party, insisting that the leadership recognised by INEC had already completed its nomination process in accordance with the Electoral Act.
The party reaffirmed that the names of its presidential candidate, Atiku Abubakar, and vice-presidential candidate, Rotimi Amaechi, had already been submitted to the electoral commission.
Looking ahead to the 2027 general elections, the ADC said it expects further attempts to distract the party but remains focused on presenting what it described as a credible alternative for Nigerians.
The party urged its members, supporters, the media and the public to rely only on official communications issued through its authorised channels.
