Appeal Court Upholds Order Against David Mark-Led ADC, Puts Atiku’s 2027 Ticket Under Fresh Threat

• The Court of Appeal has upheld a Federal High Court ruling barring INEC from recognising state congresses organised by the David Mark-led ADC.

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

In a split two-to-one decision delivered on Monday, the three-member appellate panel affirmed the earlier ruling issued by Justice Joyce Abdulmalik on April 29, holding that there was no basis to overturn the restraining order.

Justice Okon Abang, who delivered the lead judgment, ruled that only duly elected state executive committees have the constitutional authority to conduct state congresses, not committees appointed by the party’s national caretaker leadership. Justice Donatus Okorowo agreed with the majority decision, while Justice Abba Mohammed dissented, arguing that the dispute was an internal party matter beyond the court’s jurisdiction.

The appellate court also upheld the order preventing the David Mark-led executives from interfering with the tenure and responsibilities of the ADC’s elected state executive committees.

The ruling is expected to have major political implications ahead of the 2027 general elections, as it could affect the validity of candidates, including former Vice President Atiku Abubakar, who reportedly emerged through processes organised by the Mark-led faction of the party.

The case originated from a suit filed by several aggrieved ADC members, who challenged the caretaker committee’s decision to appoint committees to conduct state congresses. They argued that the move violated both the party’s constitution and the provisions of the 1999 Constitution.

Justice Abdulmalik had earlier ruled that the tenure of the ADC’s State Working Committees and State Executive Committees remained valid until properly constituted congresses and a national convention were held. She further held that neither the Nigerian Constitution nor the ADC Constitution empowers the caretaker National Working Committee to appoint committees for state congresses.

The appellate court agreed, stating that once allegations of constitutional violations are raised, the matter ceases to be an internal party affair and becomes subject to judicial review.

The court also declared that the congresses and national convention conducted by the David Mark-led leadership were null and void because they were held despite an existing court order restraining such actions.

Consequently, the Court of Appeal dismissed the ADC’s appeal, upheld the earlier judgment in its entirety, and ordered the party to pay ₦10 million in costs.

Reacting to the judgment, the ADC, through its National Welfare Secretary, Nkem Ukandu, announced that the party would challenge the decision at the Supreme Court.