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 conducted by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).

In a split two-to-one decision delivered on Monday, the appellate court dismissed appeal CA/ABJ/CV/608/2026 and affirmed the April 29 judgment of Justice Joyce Abdulmalik, 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 Okon Abang held that there was no legal basis to overturn the lower court’s ruling. He maintained that the authority to conduct state congresses resides with duly elected state executive committees, not a caretaker national leadership.

Justice Donatus Okorowo concurred with the judgment, while the presiding justice, Justice Abba Mohammed, dissented.

In his dissenting opinion, Justice Mohammed argued that the dispute concerned the internal affairs of a political party and was therefore non-justiciable. He further held that the Federal High Court lacked jurisdiction to entertain the suit.

However, the majority of the panel ruled that the matter involved constitutional questions that justified judicial intervention.

Justice Abang stated that once allegations of constitutional violations are raised, the defence that a matter is purely an internal party affair ceases to apply.

“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,” he said.

The appellate court further held that judicial intervention was necessary to prevent disorder and safeguard democratic processes.

Relying on a recent Supreme Court judgment arising from the leadership crisis within the Peoples Democratic Party (PDP), the court ruled that the ADC dispute could not be treated as a mere domestic issue of the party.

The court also declared the congresses and national convention conducted by the David Mark-led caretaker committee null and void, noting that they were held in defiance of a subsisting Federal High Court order issued on April 14.

Consequently, the court awarded ₦10 million in costs against the ADC.

The judgment stemmed from suit number 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 on behalf of themselves and all ADC state chairmen and state executive committees nationwide.

The plaintiffs challenged the caretaker committee’s decision to appoint committees to conduct state congresses, arguing that the action violated both the ADC Constitution and the 1999 Constitution of the Federal Republic of Nigeria.

They contended that only duly elected party organs possess the constitutional authority to organise state congresses.

The defendants in the suit included the ADC, Senator David Mark, Senator Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Prof. Oserheimen Osunbor (sued on behalf of the Caretaker/Interim National Working Committee), and INEC.

In the judgment now affirmed by the Court of Appeal, Justice Abdulmalik held that neither the Nigerian Constitution nor the ADC Constitution empowered the caretaker committee to appoint committees for the conduct of state congresses.

She ruled that the tenure of the party’s State Working Committees and State Executive Committees remained valid and subsisting pending properly conducted congresses and a national convention in accordance with the party’s constitution.

The judge also held that although courts generally avoid interference in the internal affairs of political parties, they are empowered to intervene where constitutional or statutory violations are alleged.

Justice Abdulmalik dismissed the defendants’ preliminary objection challenging the competence of the suit, ruling that the matter fell within the jurisdiction of the Federal High Court because it involved the statutory responsibilities of INEC.

She further held that the plaintiffs had the legal standing to institute the action and were not required to exhaust the party’s internal dispute resolution mechanisms before approaching the court.

The Court of Appeal’s ruling is expected to have significant implications for the ADC as preparations for the 2027 general elections gather momentum.

The judgment casts fresh doubts over the validity of congresses and the national convention conducted by the David Mark-led caretaker committee, a process through which several party candidates, including former Vice President Atiku Abubakar, reportedly emerged.