By Amah
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The Court of Appeal in Abuja has dealt a significant setback to the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC), affirming an earlier court order that bars the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses conducted by committees appointed by the faction.
In a split decision of two to one delivered on Monday, a three-member panel of the appellate court upheld the April 29 judgment of the Federal High Court, Abuja, which restrained the Mark-led leadership from taking over the functions of the party’s duly elected state executive committees.
Justice Okon Abang, who delivered the lead judgment, held that there was no basis to overturn the decision of the lower court. The appellate court also reaffirmed the order restraining the caretaker leadership from interfering with the tenure and constitutional responsibilities of the ADC’s elected state executives.
The majority judgment, supported by Justice Donatus Okorowo, ruled that under the party’s constitution and established democratic principles, the responsibility for organising state congresses rests with elected state executive committees, not with the national caretaker leadership.
However, the presiding Justice, Abba Mohammed, dissented. He argued that the dispute amounted to an internal affair of a political party, making it non-justiciable, and maintained that the Federal High Court lacked jurisdiction to entertain the suit.
The ruling could have far-reaching political consequences for the ADC and its emerging coalition ahead of the 2027 general elections.
Legal analysts believe the judgment may cast fresh uncertainty over the validity of congresses and political processes conducted by the David Mark-led caretaker committee, including the emergence of presidential hopefuls and other aspirants aligned with the faction.
Among those who could be affected is former Vice President Atiku Abubakar, whose political activities have been linked to the Mark-led coalition within the ADC.
While the judgment specifically concerns the recognition of state congresses, its implications may extend to the legitimacy of subsequent party structures and nominations if the legal dispute remains unresolved.
The crisis within the ADC deepened after the appointment of a caretaker leadership headed by former Senate President David Mark, a move challenged by elected state officials who insisted their four-year tenure remained valid.
The Federal High Court had earlier ruled that the tenure of the party’s State Working Committees and State Executive Committees was still subsisting and restrained the caretaker leadership from conducting parallel congresses or displacing elected officials until properly constituted congresses and a national convention are held in accordance with the party’s constitution.
Monday’s Court of Appeal decision effectively reinforces that position, leaving the party facing fresh legal and political hurdles as preparations for the 2027 elections gather momentum.
