Court of Appeal Upholds Ban on INEC Recognising ADC Congresses
The Court of Appeal in Abuja has affirmed an earlier Federal High Court order that restrains the Independent National Electoral Commission (INEC) from recognising or taking part in state congresses arranged by the caretaker leadership of the African Democratic Congress (ADC). The decision was delivered in a split verdict on Monday, with two justices forming the majority and one dissenting.
Details of the Majority Judgment
Justices Abang and Donatus Okorowo constituted the majority. They agreed with the trial court that the duty to organise state congresses belongs to the duly elected state executive committees, not to the party’s national caretaker body led by Senator David Mark. The majority held that the congresses and national convention conducted by the Mark‑led faction were invalid because they defied an existing court order issued on April 14.
The appellate court also awarded ₦10 million in costs against the ADC and dismissed the party’s appeal (case number CA/ABJ/CV/608/2026) seeking to overturn the Federal High Court’s ruling.
Dissenting Opinion
Presiding Justice Abba Mohammed dissented, arguing that the dispute stems from the internal affairs of a political party and therefore falls outside judicial jurisdiction. He contended that the Federal High Court lacked the authority to hear the case.
Implications for ADC Leadership and Atiku Abubakar
The ruling creates uncertainty over the candidacies of former Vice President Atiku Abubakar and other politicians who emerged from the national convention organised by the Mark‑led faction ahead of the 2027 general election. If the convention is deemed a nullity, any nominations or decisions made there could be challenged. The ultimate effect on the party’s candidates will depend on further judicial proceedings and the stance eventually adopted by INEC.
Background of the Case
The suit (FHC/ABJ/CS/581/2026) was filed by seven aggrieved ADC members on behalf of state chairmen and executive committees nationwide. The plaintiffs — Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Olona Yinka, Dr Charles Idowu Omideji, Samuel Pam Gyang and Obianyo Patrick — challenged the caretaker leadership’s decision to appoint committees to conduct state congresses slated for April 2026, arguing that only constitutionally recognised organs possess that authority.
Justice Abdulmalik, writing the Federal High Court judgment, held that neither the 1999 Constitution nor the ADC Constitution empowers the caretaker National Working Committee to appoint committees for state congresses. She affirmed that the tenure of the existing state executive committees remains valid and should proceed without interference, and she dismissed the defendants’ preliminary objections regarding jurisdiction and the exhaustion of internal remedies.
Next Steps and Possible Supreme Court Appeal
Following the judgment, the ADC announced its intention to appeal to the Supreme Court. The party was represented at the appellate level by its National Welfare Secretary, Nkem Ukandu. The planned appeal means the battle over control of the ADC and the legitimacy of its congresses and national convention is likely to continue at Nigeria’s apex court.
About the Author
