The Abuja Court of Appeal on Monday confirmed a Federal High Court ruling that prohibits the Independent National Electoral Commission from acknowledging or engaging in state congresses organized by committees chosen by the caretaker leadership of the African Democratic Congress, led by Senator David Mark.
The appellate court, in a two-to-one majority ruling, rejected appeal CA/ABJ/CV/608/2026, upholding Justice Joyce Abdulmalik’s April 29 ruling that prohibited the caretaker leadership from meddling with the tenure and operations of the party’s elected state executive committees.
In delivering the main judgment, Justice Okon Abang stated that there was no reason to overturn the lower court’s ruling, emphasizing that the power to organize state congresses lies with elected state executive committees rather than a temporary national leadership.
Justice Donatus Okorowo agreed with the main ruling, whereas the presiding Justice of the panel, Justice Abba Mohammed, disagreed.
Justice Mohammed concluded that the issue revolved around the internal matters of a political party and was thus non-justiciable, emphasizing that the Federal High Court did not possess the jurisdiction to handle the case.
The majority, nonetheless, concluded that the issue raised constitutional questions requiring judicial involvement.
Justice Abang determined that when a complaint is based on supposed constitutional violations, the argument that the issue pertains solely to internal party matters is no longer relevant.
He said, “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.”
The appeal court added that intervention was necessary to “prevent anarchy and ensure the survival of democracy in Nigeria.”
Drawing on a recent Supreme Court ruling related to the leadership crisis in the Peoples Democratic Party, the court determined that the ADC conflict could not be viewed as simply an internal matter of a political party.
It also determined that the congresses and national convention organized by the Mark-led caretaker committee were void, as they took place in violation of an existing order given by the Federal High Court on April 14.
The court therefore granted costs of N10m against the ADC.
In his dissenting opinion, Justice Mohammed contested the ruling that the trial court possessed the authority to hear the case.
He supported the appellants’ objection to the trial court’s jurisdiction, pointing out that the court should not meddle in political matters.
He also stated that the role of the state executive committees was solely to prepare the agenda for the state congresses, not to conduct the congresses, remarking that the actions of the 1st to 7th respondents were immature.
The ruling stemmed from case FHC/ABJ/CS/581/2026, filed by Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr. Charles Idowu Omideji, Samuel Pam Gyang, and Obianyo Patrick representing themselves and all ADC state chairpersons and state executive committees.
The plaintiffs contested the caretaker committee’s choice to form committees for holding state congresses, claiming that this action breached both the party’s constitution and the 1999 Constitution.
They asserted that only properly elected party bodies possess the constitutional power to organise state congresses.
The ADC; Senator David Mark; Senator Patricia Akwashiki; Mallam Bolaji Abdullahi; Ogbeni Rauf Aregbesola; Prof. Oserheimen Osunbor, represented by the Caretaker/Interim National Working Committee; and INEC were the defendants.
In the ruling upheld by the appellate court, Justice Abdulmalik stated that neither the 1999 Constitution nor the ADC Constitution granted the caretaker committee the authority to appoint committees for overseeing state congresses.
She determined that the terms of the party’s State Working Committees and State Executive Committees were valid and in effect until correctly held congresses and a national convention according to the party’s constitution.
The judge ruled that while courts typically avoid meddling in the internal matters of political parties, they will step in when there are claims of constitutional or legal violations.
Justice Abdulmalik likewise rejected the defendants’ initial objection questioning the suit’s competence, ruling that the matter was within the Federal High Court’s jurisdiction as it pertained to INEC’s statutory duties.
She also dismissed the argument that the plaintiffs did not exhaust the party’s internal dispute resolution processes prior to going to court and asserted that they had the necessary locus standi to initiate the lawsuit.
The appellate court’s ruling is anticipated to significantly impact the ADC before the 2027 general elections, as it raises questions about the legitimacy of the congresses and national convention held by the caretaker committee led by David Mark, from which various party candidates, including former Vice-President Atiku Abubakar, were selected.
