The Court of Appeal in Abuja has upheld a Federal High Court order restraining the Independent National Electoral Commission (INEC) from recognising state congresses conducted by committees appointed by the David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a split 2-1 judgment delivered on Monday, the appellate court affirmed the earlier ruling that barred the caretaker leadership from interfering with the tenure and functions of the party’s elected state executives. The court held that only duly elected state executive committees are empowered to conduct state congresses.
The majority judgment, delivered by Justice Okon Abang and supported by Justice Donatus Okorowo, dismissed the ADC’s appeal and ruled that the case involved constitutional issues requiring judicial intervention. Justice Abba Mohammed dissented, describing the dispute as an internal party matter outside the court’s jurisdiction.
The suit was filed by aggrieved ADC members who challenged the caretaker committee’s appointment of congress committees, arguing that the move violated the party’s constitution.
The ruling reinforces the Federal High Court’s decision that the tenure of the ADC’s elected state executive committees remains valid pending properly constituted congresses and a national convention. The judgment could also have implications for candidates who emerged through the David Mark-led faction ahead of the 2027 general elections.

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