Appeal Court Bars INEC From Recognising Mark-Led ADC State Congresses

The Court of Appeal in Abuja has barred the Independent National Electoral Commission (INEC) from recognising or participating in state congresses organised by committees constituted by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).

In a split 2-1 judgment delivered on Monday, the appellate court upheld the earlier decision of the Federal High Court, which restrained the Mark-led caretaker committee from conducting state congresses or interfering with the activities of the party's duly elected state executive committees.

Delivering the lead judgment, Justice Okon Abang held that there was no basis to overturn the decision of the lower court, affirming that only properly elected state executive committees possess the constitutional authority to organise and conduct state congresses within the party.

The appellate court further declared that the congresses conducted under the authority of the Mark-led caretaker committee were null and void, ruling that they were carried out in violation of a subsisting court order.

However, the judgment was not unanimous.

Presiding Justice Abba Mohammed dissented, maintaining that the dispute was an internal affair of the political party and, therefore, not one that the courts ought to have entertained.

The ruling is expected to have significant implications for the ADC's internal leadership structure and could affect the validity of outcomes from congresses conducted by the caretaker committee, including the status of candidates who emerged through the process ahead of the 2027 general elections.

Reacting to the judgment, the African Democratic Congress said it would challenge the Court of Appeal's decision at the Supreme Court.