Split ruling affirms judgment restricting electoral commission from participating in congresses organised by David Mark-led faction
The Court of Appeal in Abuja has upheld a judgment restraining the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses organised by the David Mark-led leadership of the African Democratic Congress (ADC).
In a two-to-one majority decision delivered on Monday, the appellate court affirmed the ruling of Justice Joyce Abdulmalik of the Federal High Court in Abuja, delivered on April 29, 2026.
The Federal High Court had barred INEC from acknowledging or taking part in state congresses organised by the ADC leadership led by former Senate President, David Mark.
Justice Abdulmalik had ruled that the four-year tenure of the party’s existing state working committees and state executive committees remained valid and subsisting pending the conduct of properly constituted congresses and the convocation of a national convention.
The court held that neither the 1999 Constitution, as amended, nor the ADC’s own constitution grants the caretaker or interim national working committee led by Mark the authority to appoint committees responsible for conducting state congresses.
It further ruled that the responsibility for organising state congresses rests with the party’s state executive committees and not the national executive committee.
The suit, marked FHC/ABJ/CS/581/2026, was filed by aggrieved members of the ADC, including Don Norman Obinna, Johnny Tovie Derek, Obah Ehigiator, Olona Yinka, Charles Omideji, Samuel Pam Gyang and Obianyo Patrick.
The plaintiffs instituted the action on behalf of themselves and all state chairmen and executive committees of the party, challenging the authority of the caretaker leadership to organise state congresses or appoint committees for that purpose.
The latest ruling adds another layer to the ongoing leadership dispute within the ADC, as rival factions continue to contest control of the party ahead of the 2027 general election.
