Appeal Court Delivers Major Blow to ADC Leadership as INEC Barred from Recognising State Congresses

The Court of Appeal in Abuja has affirmed a Federal High Court ruling restraining the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses organised by the African Democratic Congress (ADC) leadership headed by former Senate President David Mark.
In a judgment delivered by Justice Okon Abang, the appellate court held that the lower court acted correctly in granting the reliefs sought by seven ADC state chairmen. The court further ruled that the state chairmen are entitled to complete their four-year tenure as stipulated in the party’s constitution.
The suit was instituted by seven ADC state chairmen on behalf of themselves and other state executives. They challenged the authority of the David Mark-led leadership to conduct state congresses or appoint congress committees while the tenure of elected state officials remained valid.
The plaintiffs urged the court to declare that only duly constituted state executive committees possess the constitutional authority to organise state congresses and manage party affairs at the state level. They also sought an order preventing INEC from recognising any congress conducted by the party’s interim leadership.
Earlier, Justice Joyce Abdulmalik of the Federal High Court had ruled in favour of the state chairmen, declaring the elected State Working Committees as the legitimate officials of the party. The court held that the ADC constitution empowers state structures—not the National Working Committee—to organise state congresses.
Dissatisfied with the judgment, ADC National Chairman David Mark and National Secretary Rauf Aregbesola approached the Court of Appeal, seeking to overturn the decision.
However, the appellate court dismissed their arguments, agreeing with the lower court that the dispute was not merely an internal party matter beyond judicial intervention.
Justice Donatus Okorowo ruled that the appeal lacked merit and upheld the Federal High Court’s decision in its entirety.
The Court of Appeal also noted that the appellants failed to rely on recent Supreme Court decisions involving the Peoples Democratic Party (PDP), which established that courts can intervene when political parties act contrary to their constitutions.
According to the court, the state chairmen were justified in seeking judicial redress because the party’s internal dispute-resolution mechanism could not effectively address a conflict involving those already occupying key leadership positions.
The justices ultimately reaffirmed that the elected state chairmen remain the recognised officials of the ADC until the expiration of their four-year tenure and retain the exclusive authority to conduct state congresses across the country.