Appeal Court Affirms Restraining Order Against Mark-Led ADC Congresses

The Court of Appeal in Abuja has upheld a Federal High Court order restraining the Independent National Electoral Commission (INEC) from recognising state congresses conducted by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).

Justice Okon Abang, who delivered the lead judgment, held that there was no basis to overturn the April 29 ruling of Justice Joyce Abdulmalik, which also restrained the caretaker leadership from interfering with the tenure and functions of the party’s elected state executives.

The appellate court agreed that the responsibility for conducting state congresses lies with elected state executive committees, not the party’s national caretaker leadership.

However, Justice Abba Mohammed dissented, holding that the dispute was an internal party matter that the court lacked jurisdiction to entertain.

The ruling stems from a suit filed by aggrieved ADC members challenging the caretaker committee’s decision to appoint committees to conduct state congresses, arguing that only duly elected party organs have such powers under the party’s constitution.

The Court of Appeal also held that congresses and the national convention conducted by the Mark-led faction were null and void because they were held despite a subsisting court order.

The judgment is expected to have implications for candidates who emerged from the congresses organised by the caretaker leadership ahead of the 2027 general elections.

Following the ruling, the appellate court dismissed the appeal filed by the ADC and awarded ₦10 million in costs against the party.

Reacting to the judgment, the party said it would challenge the decision at the Supreme Court.