The Court of Appeal in Abuja has upheld a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising congresses conducted by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).
The appellate court delivered its ruling on Monday in a split decision of two-to-one.
Details of the Court of Appeal Ruling
In the lead judgment delivered by Justice Okon Abang, the court dismissed the appeal filed by Senator David Mark and former Osun State Governor Rauf Aregbesola for lacking merit.
The court affirmed the earlier decision of Justice Joyce Abdulmalik of the Federal High Court, which had barred INEC from recognising or participating in any state congresses organised by committees appointed by the Mark-led national leadership.
Justice Abang held that the responsibility for conducting state congresses rests with the duly elected state executive committees of the party, not the national leadership.
The court awarded N10 million in costs against the appellants.
Background to the ADC Leadership Crisis
The ruling comes amid a protracted leadership crisis within the ADC. The dispute centres on the legitimacy of a caretaker committee appointed by the national leadership to conduct state congresses.
Some state chairmen and executive members had challenged the move at the Federal High Court, arguing that the national leadership lacked the constitutional powers to override elected state structures.
The Federal High Court had, on April 29, 2026, issued restraining orders against the Mark-led faction. The Appeal Court has now affirmed that decision.
One member of the three-man panel, Justice Abba Mohammed, dissented on the grounds that the matter was non-justiciable.
Implications for INEC and ADC
With this judgment, INEC is effectively barred from recognising any congresses conducted under the disputed caretaker arrangement.
The decision is likely to further deepen the internal divisions within the ADC as the party prepares for future electoral activities.
Neither the David Mark-led faction nor INEC has issued an immediate reaction to the ruling as of press time.
The Court of Appeal’s decision reinforces the principle that political parties must conduct their internal affairs in line with their constitutions and democratic principles.
