The Court of Appeal in Abuja has upheld an order restraining the Independent National Electoral Commission (INEC) from recognizing or participating in congresses organized by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).
This ruling has introduced new uncertainty into the party’s internal affairs ahead of the 2027 general elections. However, former Vice-President Atiku Abubakar and the ADC have insisted that the judgment does not affect candidates who emerged from the party’s direct primaries.
In a split decision, the appellate court affirmed the April 29 judgment of the Federal High Court in Abuja, which barred the caretaker leadership from interfering with the tenure and functions of the party’s elected state executive committees. The majority judgment, delivered by Justice Okon Abang and supported by Justice Donatus Okorowo, held that only the elected state executive committees have the authority to conduct state congresses, not the caretaker national leadership.
The ADC has rejected the ruling and announced plans to appeal to the Supreme Court. The party maintains that its direct primaries and the candidates who emerged for the 2027 elections remain valid.
Justice Abang, delivering the lead judgment, stated there was no basis to overturn the lower court’s decision, emphasizing that the authority to conduct state congresses rests with the elected state executive committees. Justice Okorowo concurred, while the presiding Justice, Abba Mohammed, dissented, arguing that the dispute was an internal party matter and thus not justiciable, and that the Federal High Court lacked jurisdiction.
The majority, however, ruled that the case involved constitutional questions that required judicial intervention. Justice Abang noted that when a complaint alleges constitutional infractions, it is no longer protected as a purely internal party affair. He stated, “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.” The court said intervention was necessary to prevent anarchy and ensure the survival of democracy in Nigeria.
Referencing a recent Supreme Court decision on the Peoples Democratic Party leadership crisis, the appellate court ruled that the ADC’s dispute cannot be dismissed as a mere internal party matter. It also declared the congresses and national convention conducted by the Mark-led caretaker committee null and void, as they violated a subsisting order of the Federal High Court. The court awarded N10 million in costs against the ADC.
In his dissent, Justice Mohammed maintained that the trial court lacked jurisdiction and that the state executive committees’ function was limited to preparing agendas, not conducting congresses. He described the actions of the respondents as immature.
The judgment arose from suit FHC/ABJ/CS/581/2026, filed by Don Norman Obinna and six others on behalf of ADC state chairmen and state executive committees, challenging the caretaker committee’s decision to appoint congress committees. The plaintiffs argued that this violated both the party’s and Nigeria’s constitutions, asserting that only elected organs can organize state congresses.
Justice Abdulmalik, whose judgment was affirmed by the appellate court, held that neither the 1999 Constitution nor the ADC Constitution empowered the caretaker committee to appoint committees for state congresses. She affirmed the validity of the tenure of the party’s State Working and Executive Committees, pending properly conducted congresses and a national convention. She also dismissed the defendants’ preliminary objection, finding the case within the Federal High Court’s jurisdiction as it involved INEC’s statutory responsibilities.
ADC and Atiku React
The ADC, in a statement by its National Publicity Secretary, Mallam Bolaji Abdullahi, emphasized that the appellate court’s decision does not affect candidates who emerged through its direct primaries and announced it has begun the appeal process to the Supreme Court. The party urged members and supporters to remain calm and focused, reiterating its commitment to providing a credible alternative and upholding the rule of law.
Former Vice President Atiku Abubakar also dismissed claims that the judgment invalidated the ADC’s primaries for the 2027 election. In a statement by his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku stressed that the ruling pertains only to the conduct of congresses and the tenure of state executives, not the party’s primary elections. He cautioned against misrepresenting the judgment as affecting the ADC’s presidential ticket, calling such claims political propaganda.
Atiku argued that there is a clear legal distinction between the election of party executives through congresses and the nomination of candidates through primaries, each governed by different legal principles. He reiterated that courts can only decide issues placed before them and warned against stretching the judgment beyond its scope. Atiku criticised attempts to misrepresent the judgment on social media and reaffirmed trust in the judicial process, stating that the ADC’s legal team would seek a definitive ruling from the Supreme Court.
Both the ADC and Atiku urged party members and supporters not to be discouraged, highlighting that the struggle for Nigeria’s future transcends any single court judgment.
