Appeal Court Nullifies David Mark-Led ADC State Congresses, Upholds Order Against INEC Recognition

Appeal Court Nullifies David Mark-Led ADC State Congresses, Upholds Order Against INEC Recognition

The Court of Appeal in Abuja has affirmed a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising state congresses organised by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC), in a ruling that could have significant implications for the party's preparations ahead of the 2027 general elections.

In a split 2-1 decision delivered on Monday, the appellate court dismissed the appeal filed by the David Mark-led faction, describing it as lacking merit. The court also ordered the appellants to pay ₦10 million in costs.

Court Upholds Federal High Court Judgment

The three-member panel, led by Justice Okon Abang, ruled that there was no reason to overturn the earlier judgment delivered by Justice Joyce Abdulmalik of the Federal High Court.

The appellate court reaffirmed that:

INEC must not recognise or participate in any state congresses organised by committees appointed by the David Mark-led caretaker committee.

The elected State Executive Committees of the ADC remain the legitimate authorities responsible for conducting state congresses.

The caretaker leadership has no constitutional power to appoint committees for that purpose.

Justice Donatus Okorowo agreed with the majority judgment.

However, Justice Abba Mohammed dissented, arguing that the dispute was an internal party matter beyond the jurisdiction of the courts.

Why the Court Ruled Against the ADC Caretaker Committee

The lawsuit was filed by several ADC members representing state chairmen and executive committees, who argued that the caretaker leadership violated both the Nigerian Constitution and the party's constitution by attempting to organise state congresses.

The courts agreed with the plaintiffs, holding that:

Section 223 of the 1999 Constitution requires political parties to conduct democratic elections.

The ADC Constitution only permits duly elected party organs to organise congresses.

The tenure of the elected state executives remains valid until properly conducted congresses are held.

According to the judgment, the caretaker committee lacked the legal authority to replace or bypass elected state executives.

Appeal Court: Constitutional Violations Are Not Internal Party Affairs

Justice Okon Abang stated that although courts generally avoid interfering in the internal affairs of political parties, judicial intervention becomes necessary whenever constitutional or statutory violations are alleged.

The court relied on a recent Supreme Court decision involving the PDP leadership crisis, stressing that constitutional breaches remove the protection usually given to internal party disputes.

The judgment declared that any congresses or national convention conducted by the David Mark-led leadership while the restraining order remained in force were legally invalid.

Potential Impact on 2027 Elections

The ruling could have major political consequences ahead of the 2027 general elections.

Legal observers believe the decision may affect the legitimacy of candidates who emerged from congresses organised by the David Mark-led caretaker committee, including political figures reportedly aligning with the faction.

However, the final legal position may ultimately depend on the outcome of any appeal before the Supreme Court.

ADC Heads to the Supreme Court

Following the judgment, the ADC announced that it would challenge the Court of Appeal's decision at the Supreme Court.

The party's National Welfare Secretary, Nkem Ukandu, confirmed that the legal battle is far from over.

Until the Supreme Court delivers a final verdict—or grants any contrary interim relief—the Court of Appeal's decision remains the operative judgment.

Key Takeaways

The Court of Appeal upheld the order restraining INEC from recognising ADC state congresses organised by the David Mark-led caretaker committee.

The appeal was dismissed in a 2-1 split decision.

The court awarded ₦10 million in costs against the appellants.

Elected ADC state executives remain recognised as the lawful authorities to conduct state congresses.

The ADC has announced plans to appeal the ruling at the Supreme Court.

>>> What do you think about the Court of Appeal's ruling? Could this reshape the political landscape ahead of the 2027 elections? Share your thoughts in the comments and follow for more breaking Nigerian political news.

Appeal Court ADC judgment, David Mark ADC, INEC ADC congresses, ADC state congresses, Nigerian politics 2027, Court of Appeal ruling, ADC caretaker committee, Atiku Abubakar ADC, Nigeria political news, Supreme Court ADC case.