The Court of Appeal in Abuja has upheld a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses organised by the African Democratic Congress (ADC) caretaker leadership headed by former Senate President, David Mark.

In a split decision of two to one delivered on Monday, the appellate court affirmed the April 29, 2026 judgment of Justice Joyce Abdulmalik of the Federal High Court, Abuja, which barred INEC from recognising any state congresses conducted under the authority of the party's interim National Working Committee led by Mark.

Delivering the lead judgment, Justice Okon Abang held that there was no basis to set aside the lower court’s decision, stressing that the authority to conduct state congresses rests with elected state executive committees and not a caretaker national leadership.

Justice Donatus Okorowo concurred with the lead judgment, while the presiding Justice of the panel, Justice Abba Mohammed, dissented.

Justice Mohammed held that the dispute bordered on the internal affairs of a political party and was therefore non-justiciable, adding that the Federal High Court lacked jurisdiction to entertain the suit.

The majority, however, held that the matter involved constitutional questions warranting judicial intervention.

Justice Abang held that once a complaint is founded on alleged constitutional infractions, the defence that the matter is an internal party affair no longer applies.

He said, “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 appellate court added that intervention was necessary to “prevent anarchy and ensure the survival of democracy in Nigeria.”

Relying on a recent Supreme Court judgment arising from the leadership crisis in the Peoples Democratic Party, the court held that the ADC dispute could not be classified as a mere domestic affair of a political party.

It also ruled that the congresses and national convention conducted by the Mark-led caretaker committee were nullities, having been held in defiance of a subsisting order issued by the Federal High Court on April 14.

The court consequently awarded N10m costs against the ADC.

In his dissenting judgment however, Justice Mohammed disagreed with the decision that the trial court had jurisdiction to hear the case.

He upheld the appellants’ challenge to the jurisdiction of the trial court, noting that the court had no business interfering and in political decisions.

He further added that the function of the state executive committees were only to prepare the agenda for the state congresses, rather than conduct the congresses, adding that the action of the 1st to 7th respondents was immature.

Justice Abdulmalik had ruled that the four-year tenure of the ADC's State Working Committees and State Executive Committees remains valid and subsisting until properly constituted state congresses are conducted and a national convention is convened in accordance with the party's constitution.

The trial court further held that neither the Constitution of the Federal Republic of Nigeria nor the constitution of the ADC empowers the caretaker or interim National Working Committee to appoint committees to conduct state congresses.

According to the court, the responsibility for conducting state congresses rests exclusively with the party's State Executive Committees and not with the National Executive Committee or any caretaker body.

The suit, marked FHC/ABJ/CS/581/2026, was instituted by aggrieved members of the party, including Don Norman Obinna, Johnny Tovie Derek, Obah Ehigiator, Olona Yinka, Charles Omideji, Samuel Pam Gyang and Obianyo Patrick.

They sued on behalf of themselves and all ADC state chairmen and members of the party's State Executive Committees.

The plaintiffs had challenged the legality of the caretaker leadership's decision to organise state congresses and appoint committees for that purpose.

They argued that such actions violated the party's constitution and exceeded the powers of the interim National Working Committee.

By affirming the lower court's decision, the Court of Appeal has effectively maintained the restriction on INEC's involvement in any state congresses organised by the David Mark-led caretaker leadership unless the processes comply with the party's constitutional provisions.

The judgment represents a significant legal setback for the ADC leadership as it continues efforts to restructure the party ahead of future political activities, while reinforcing the authority of the existing state executive structures pending the conduct of constitutionally recognised congresses and a national convention.