The Court of Appeal in Abuja on Monday restrained the Independent National Electoral Commission (INEC) from recognising state congresses organised by committees appointed by the David Mark-led caretaker leadership of the African Democratic Congress (ADC).

The restraining verdict was affirmed in a majority judgment by Justices Okon Abang and Donatus Okorowo.

Nairametrics reports that former Vice President Atiku Abubakar emerged as the presidential flagbearer for the 2027 general elections under the Mark-led caretaker leadership of the ADC.

What they are saying

According to Justice Okon Abang, there is no reason to set aside the restraining order of the Federal High Court in Abuja issued against the Mark-led ADC on April 29.

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  • He further upheld the order of Justice Joyce Abdulmalik, which restrained the Mark-led executives from interfering with the tenure and functions of the party’s elected state executives.

NAN reports that the Court of Appeal concurred that the responsibility for conducting state congresses of political parties rests with elected state executive committees, not with the national leadership.

Both Justices Abang and Donatus Okorowo barred the electoral body from acknowledging the outcome of congresses conducted by the Mark-led leadership of the ADC.

  • “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 said, according to NAN.

However, the head of the appellate court panel, Justice Abba Mohammed, delivered a dissenting judgment.

In his minority decision, he maintained that the internal affairs of a political party are non-justiciable.

He faulted the trial court for assuming jurisdiction to entertain the matter.

The panel subsequently dismissed the ADC’s appeal marked CA/ABJ/CV/608/2026.

Backstory

The Federal High Court had, in its judgment, ruled that the four-year tenure of the ADC’s State Working Committees and State Executive Committees remained valid and subsisting pending the conduct of properly constituted congresses and the convocation of a national convention.

  • The judgment was based on a suit marked FHC/ABJ/CS/581/2026, filed before the court by aggrieved members of the ADC, namely Don Obinna, Johnny Derek, Obah C. Ehigiator, Olona Yinka, Dr Charles Omideji, Samuel Gyang, and Obianyo Patrick, on behalf of all State Chairmen and State Executive Committees of the African Democratic Congress (ADC).
  • The defendants include the ADC; Sen. David Mark; Sen. Patricia Akwashiki; Bolaji Abdullahi; Rauf Aregbesola; Prof. Oserheimen Osunbor; and INEC.
  • The plaintiffs challenged the decision of the Sen. Mark-led leadership of the ADC to constitute committees for the purpose of conducting state congresses while duly elected party organs were still in place and recognised.

Justice Abdulmalik, in her April 29 judgment, held that neither the 1999 Constitution (as amended) nor the Constitution of the ADC empowered the caretaker/interim National Working Committee led by Mark to appoint committees for the purpose of conducting state congresses.

What you should know

The instant Court of Appeal judgment remains valid and subsisting unless it is overturned by the Supreme Court.

Earlier this year, the Independent National Electoral Commission informed the National Assembly that it would require N873.78 billion to conduct the elections, in addition to N171 billion for its operational expenses in 2026—a sharp increase from the N313.4 billion released for the 2023 polls.