The Court of Appeal has dismissed an appeal by the David Mark-led ADC leadership, affirming a Federal High Court order restraining INEC from recognising state congresses conducted by its caretaker committee.
ABUJA, FCT — The Court of Appeal has dismissed an appeal filed by the David Mark-led caretaker leadership of the African Democratic Congress (ADC), affirming an earlier judgment of the Federal High Court that restrained the Independent National Electoral Commission (INEC) from recognising state congresses conducted by committees appointed by the party's caretaker leadership.
In a split decision delivered on Monday, the three-member panel of the appellate court upheld the ruling of the Federal High Court in Abuja, reinforcing legal restrictions on the conduct and recognition of the party's state congresses.
The judgment marks another significant development in the ongoing leadership dispute within the ADC, one of Nigeria's registered political parties.
Delivering the lead judgment, Justice Okon Abang, who was supported by Justice Donatus Okorowo, held that there was no legal basis to overturn the Federal High Court's order issued on April 29, 2026.
The appellate court consequently upheld the decision of Justice Joyce Abdulmalik, which restrained the David Mark-led caretaker executives from interfering with the tenure and constitutional responsibilities of the party's elected state executive committees.
The court further agreed with the lower court that the responsibility for conducting state congresses lies with duly elected state executive committees rather than the national caretaker leadership.
As a result, INEC remains restrained from recognising the outcome of any state congresses conducted by committees appointed by the caretaker leadership pending further legal developments.
However, the judgment was not unanimous.
The presiding justice of the panel, Justice Abba Mohammed, delivered a dissenting opinion, arguing that the dispute arose from the internal affairs of a political party.
According to him, such matters are generally regarded as non-justiciable, meaning they fall outside the jurisdiction of the courts except where constitutional or statutory rights are directly affected.
Justice Mohammed therefore held that the Federal High Court ought not to have entertained the suit in the first place.
Despite the dissent, the majority decision remains the binding judgment of the Court of Appeal.
The ruling is expected to have immediate implications for the internal administration of the African Democratic Congress.
With the appellate court affirming the restraining order, the caretaker leadership headed by former Senate President David Mark faces continued legal limitations regarding the conduct of state congresses and the administration of elected state party structures.
Political observers say the judgment could influence the party's preparations for future political activities and internal reorganisation unless the decision is overturned by the Supreme Court or resolved through internal reconciliation.
The dispute stems from disagreements over the administration of the ADC following the appointment of a caretaker leadership.
The case challenged the authority of committees appointed by the caretaker leadership to organise state congresses, arguing that such responsibilities constitutionally belong to elected state executive committees.
The Federal High Court agreed with that position in its April 29 judgment, prompting the appeal now dismissed by the appellate court.
Internal leadership disputes within political parties often have broader implications for party administration, candidate selection and preparations for future elections.
The Court of Appeal's decision reinforces the importance of adherence to party constitutions and established legal procedures in the management of political parties.
It also highlights the judiciary's continuing role in resolving disputes relating to party administration where questions of legal authority arise.
Although the Court of Appeal has affirmed the Federal High Court's decision, the legal dispute may not yet be over.
The affected parties may still explore further legal options, including an appeal to the Supreme Court, should they choose to challenge the appellate court's majority judgment.
For now, the Federal High Court's restraining orders remain in force, and INEC is bound by the court's decision regarding the recognition of state congresses conducted by committees appointed by the David Mark-led caretaker leadership.
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