The Court of Appeal on Monday upheld a Federal High Court judgement barring 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), dealing another legal setback to the opposition coalition seeking to challenge President Bola Tinubu in the 2027 elections.
The decision comes amid growing accusations by opposition figures that the federal government is using state institutions, including the judiciary, to frustrate efforts to unite against President Tinubu ahead of the next general election. The government has denied those allegations.
In a split 2-1 judgement, the court dismissed an appeal filed by the ADC and affirmed an earlier ruling delivered by the Federal High Court in Abuja on April 29, which restrained INEC from recognising congresses conducted by committees appointed by the Mark-led caretaker leadership.
Justice Okon Abang, who delivered the lead judgement, held that there was no basis to overturn the lower court’s decision. Justice Donatus Okorowo agreed, while Justice Abba Mohammed dissented.
The majority also upheld the lower court’s order restraining the caretaker leadership from interfering with the tenure and functions of the party’s elected state executive committees, ruling that the responsibility for conducting state congresses lies with duly elected state executives rather than the national leadership.
The judgement could complicate the opposition coalition’s preparations for the 2027 elections, particularly for politicians who emerged through congresses organised by the Mark-led leadership, including former Vice President Atiku Abubakar and other aspirants expected to contest under the ADC platform.
Court rejects “internal party affair’ argument
While the dissenting judge, Justice Mohammed, held that the dispute concerned the internal affairs of a political party and should not have been entertained by the courts, the majority ruled that judicial intervention was justified because the case involved alleged constitutional violations.
“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.
The court also cited a recent Supreme Court judgement arising from the Peoples Democratic Party (PDP) leadership dispute, holding that the ADC case could not simply be dismissed as an internal party matter.
The court added that intervention was necessary to “prevent anarchy and ensure the survival of democracy in Nigeria.”
The appeal arose from a judgement delivered on April 29 by Justice Joyce Abdulmalik of the Federal High Court in Abuja in a suit filed by several ADC state officials.
The plaintiffs challenged the authority of the David Mark-led caretaker committee to appoint committees to conduct state congresses, arguing that only duly elected party organs recognised under the ADC constitution possess such powers.
Justice Abdulmalik agreed, holding that neither the Nigerian Constitution nor the ADC constitution empowers a caretaker or interim National Working Committee to appoint committees to conduct state congresses.
She further ruled that the tenure of the party’s State Working Committees and State Executive Committees remains valid until properly constituted congresses and a national convention are conducted in accordance with the party’s constitution.
The suit was filed by Don Obinna, Johnny Derek, Obah Ehigiator, Olona Yinka, Charles Omideji, Samuel Gyang and Obianyo Patrick on behalf of the ADC’s state chairpersons and state executive committees.
Named as defendants were the ADC, David Mark, Patricia Akwashiki, Bolaji Abdullahi, interim national secretary Rauf Aregbesola, Oserheimen Osunbor and INEC.
Why it matters
The ruling is the latest legal challenge confronting the ADC since it emerged as the preferred platform for opposition leaders seeking to build a united front ahead of the 2027 presidential election.
It also comes against the backdrop of repeated claims by opposition politicians that attempts to reorganise the party have been undermined through litigation and competing leadership claims – allegations the federal government has consistently rejected.
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