The Court of Appeal has affirmed a judgment restraining INEC from recognising or participating in any state congresses organised by the Senator David Mark-led caretaker leadership of the African Democratic Congress.
In a split decision of two-to-one, the appellate court upheld the Federal High Court’s order that responsibility for conducting state congresses rests with elected state executive committees, not the national leadership.
The judgment may jeopardise the presidential candidacies of former Vice President Atiku Abubakar and other candidates who emerged through the national congress organised by the Mark-led faction.
While Justices Okon Abang and Donatus Okorowo gave the majority verdict, panel head Justice Abba Mohammed dissented, holding that the case bordered on a non-justiciable internal affair. The appellate court awarded N10 million costs against the ADC.
Key Points:
Internal party order is preserved by recognising elected state executives’ authority.
INEC now has clear guidance on which ADC leadership to recognise.
Political opposition faces potential instability ahead of the 2027 elections.
The ruling reinforces judicial intervention in constitutional party disputes.
Timing of judgment, two years before elections, allows for leadership resolution.
The ADC may appeal to the Supreme Court, while the fate of candidates from the Mark-led congresses hangs in the balance.


