…Insists Judgment Won’t Affect 2027 Primaries, Urges Members to Stay Calm
By| Goodluck E.Adubazi, Abuja
The Court of Appeal in Abuja has affirmed a Federal High Court judgment restraining the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses conducted by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC), in a ruling that could have far-reaching implications for the party’s preparations ahead of the 2027 general elections.
In a split two-to-one judgment delivered on Monday, a three-member panel of the appellate court upheld the April 29 judgment of the Federal High Court, which barred the David Mark-led caretaker committee from interfering with the tenure and functions of the party’s duly elected state executive committees.
Delivering the lead judgment, Justice Okon Abang, with Justice Donatus Okorowo concurring, held that there was no basis to set aside the lower court’s restraining order.
The court ruled that under the ADC Constitution, only elected state executive committees possess the authority to conduct state congresses, not committees constituted by the party’s national caretaker leadership.
The appellate court further held that congresses conducted by the Mark-led leadership, as well as the subsequent national convention, were null and void, having been carried out in defiance of an existing court order issued on April 14, 2026.
Justice Abang stated that the court was duty-bound to intervene to “prevent anarchy and ensure the survival of democracy in Nigeria,” stressing that once allegations involve constitutional violations, the matter ceases to be an internal party affair and becomes subject to judicial review.
The court relied on a recent Supreme Court decision involving the leadership crisis in the Peoples Democratic Party (PDP) to support its position that constitutional infractions justify judicial intervention.
However, the Presiding Justice of the panel, Justice Abba Mohammed, dissented, holding that the dispute bordered on the internal affairs of a political party and was therefore non-justiciable.
He ruled that the Federal High Court lacked jurisdiction to entertain the matter.
The appellate court subsequently dismissed the appeal filed by the ADC and awarded N10 million costs against the party.
The dispute originated from a suit instituted by aggrieved members of the ADC, who challenged the decision of the Senator David Mark-led caretaker committee to appoint committees for the conduct of ward, local government and state congresses.
The plaintiffs argued that the caretaker leadership lacked constitutional authority to organise the congresses, insisting that only duly elected party structures could lawfully conduct such exercises.
Justice Joyce Abdulmalik of the Federal High Court had agreed with the plaintiffs, holding that neither the 1999 Constitution nor the ADC Constitution empowers the caretaker committee to appoint committees for state congresses.
She ruled that the tenure of the party’s elected state executive committees remained valid and must run its full course.
“Reacting to the judgment, the ADC dismissed reports suggesting that the ruling affects the emergence of its candidates for the 2027 elections.
In a statement signed by the party’s National Publicity Secretary, Mallam Bolaji Abdullahi, the party maintained that the Court of Appeal decision relates only to ward, local government and state congresses and has no bearing on the direct primaries through which its candidates emerged.
The party announced that it has already filed an appeal before the Supreme Court, describing the appellate court’s majority judgment as legally unsustainable while expressing support for the dissenting opinion delivered by Justice Abba Mohammed.
The ADC also urged its members and supporters across the country to remain calm and focused, assuring them that it remains committed to providing Nigerians with a credible political alternative through constitutional means and the rule of law.
