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 committees appointed by the caretaker leadership of the African Democratic Congress (ADC) under former Senate President, Senator David Mark.
In a split two-to-one decision delivered on Friday, the appellate court affirmed the earlier ruling of the Federal High Court, Abuja, which barred the Mark-led caretaker committee from interfering with the tenure and functions of the party’s duly elected state executive committees.
Delivering the lead judgment, Justice Okon Abang, who was supported by Justice Donatus Okorowo, held that there was no basis to overturn the April 29 judgment of Justice Joyce Abdulmalik of the Federal High Court.
The appellate court agreed with the lower court that the authority to conduct state congresses resides exclusively with duly elected state executive committees, rather than the party’s national caretaker leadership.
Justice Abang held that the restraining order was necessary to safeguard constitutional governance within the party and preserve democratic principles.
“The court has a duty to prevent anarchy and ensure the survival of democracy in Nigeria,” he stated.
He further held that once allegations before a court involve constitutional violations, the matter ceases to be a mere internal affair of a political party and becomes subject to judicial scrutiny.
“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,” Justice Abang ruled.
However, the presiding Justice of the three-member panel, Justice Abba Mohammed, dissented, holding that the dispute concerned the internal affairs of a political party and was therefore non-justiciable.
Justice Mohammed maintained that the Federal High Court lacked jurisdiction to entertain the matter in the first instance.
The litigation arose from a suit filed by aggrieved members of the ADC, including Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Olona Yinka, Charles Idowu Omideji, Samuel Pam Gyang and Obianyo Patrick, who instituted the action on behalf of themselves and all elected state chairmen and state executive committees of the party.
The plaintiffs challenged the decision of the David Mark-led caretaker leadership to establish committees to conduct state congresses, arguing that the move violated both the 1999 Constitution and the ADC Constitution.
They contended that only duly elected organs of the party possess the constitutional authority to organise state congresses and that any congress conducted under committees appointed by the caretaker leadership would be unconstitutional.
In her earlier judgment, Justice Abdulmalik agreed with the plaintiffs, holding that neither the Constitution of the Federal Republic of Nigeria nor the ADC Constitution empowered the caretaker or interim National Working Committee to appoint committees for the conduct of state congresses.
She further ruled that the tenure of the party’s State Working Committees and State Executive Committees remained valid and subsisting pending the conduct of properly constituted congresses and a national convention.
The trial court also dismissed preliminary objections challenging its jurisdiction, holding that the matter involved INEC’s constitutional responsibilities and therefore fell within the jurisdiction of the Federal High Court under Section 251 of the 1999 Constitution.
It equally rejected the defendants’ argument that the plaintiffs failed to exhaust the party’s internal dispute resolution mechanisms before approaching the court, holding that they possessed the requisite legal standing to institute the action.
Affirming those findings, the Court of Appeal held that the congresses and national convention conducted by the David Mark-led caretaker leadership were null and void, having been held in defiance of a subsisting court order issued by the Federal High Court on April 14.
Consequently, the appellate court dismissed the appeal marked CA/ABJ/CV/608/2026, filed by the ADC seeking to overturn the lower court’s judgment.
The court also awarded ₦10 million in costs against the party, reinforcing its position that compliance with constitutional provisions and judicial orders remains fundamental to the conduct of political parties and the preservation of democratic governance in Nigeria.
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