JUST IN: APPEAL COURT AFFIRMS JUDGMENT BARRING INEC FROM RECOGNISING DAVID MARK-LED ADC STATE CONGRESSES
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By ‘Sefiu Ajape
The Court of Appeal in Abuja has upheld the 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 split decision of two to one, the appellate court on Monday affirmed the judgment delivered by Justice Joyce Abdulmalik of the Federal High Court, Abuja, on April 29, 2026.
In the April 29 judgment, Abdulmalik restrained INEC from recognising or participating in any state congresses organised by the Mark-led leadership.
The judge held that the four-year tenure of the ADC’s state working committees and state executive committees remains valid and subsisting pending the conduct of properly constituted congresses and the convocation of a national convention.
The court further ruled that neither the Constitution of the Federal Republic of Nigeria nor the ADC constitution empowers the caretaker/interim National Working Committee, led by former Senate President David Mark, to appoint committees to conduct state congresses.
Abdulmalik held that the responsibility for conducting state congresses rests with the party’s state executive committees, not the national executive committee.
The suit, marked FHC/ABJ/CS/581/2026, was instituted by aggrieved party members, including Don Norman Obinna, Johnny Tovie Derek, Obah Ehigiator, Olona Yinka, Charles Omideji, Samuel Pam Gyang and Obianyo Patrick, who sued for themselves and on behalf of all ADC state chairmen and state executive committees.
The plaintiffs argued that the caretaker body lacked the constitutional authority to organise state congresses or appoint committees for that purpose.
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