
The Court of Appeal in Abuja has upheld a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognizing or participating in state congresses organized by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).In a two-to-one majority decision delivered on Monday, the three-member appellate panel dismissed the ADC’s appeal seeking to overturn the Federal High Court judgment delivered on April 29, 2026. Delivering the lead judgment, Justice Okon Abang held that the appellate court found no reason to set aside the lower court’s decision. Justice Donatus Okorowo agreed with the lead judgment, while the presiding justice, Abba Mohammed, delivered a dissenting opinion. The majority ruled that the authority to conduct state congresses rests with the party’s duly elected state executive committees, rather than committees appointed by the national or caretaker leadership. According to Channels Television, the court also affirmed the order restraining the David Mark-led leadership from interfering with the tenure and functions of the ADC’s existing elected state executives. The Federal High Court, presided over by Justice Joyce Abdulmalik, had ruled that the tenure of the state executive committees remained valid and must be allowed to run its full course. It held that the procedure used by the caretaker leadership to appoint members to Congress committees was not recognized under the ADC constitution. Justice Mohammed, however, disagreed with the majority, maintaining that the dispute was an internal party matter over which the Federal High Court should not have assumed jurisdiction. The Court of Appeal also declared the congresses and national convention conducted by the Mark-led leadership invalid, ruling that they were held in violation of a subsisting Federal High Court order issued on April 14. The appellate court consequently dismissed the appeal and awarded ₦10 million in costs against the ADC. The ruling means INEC cannot recognize the affected congresses or their outcomes while the judgment remains valid.
