The Court of Appeal in Abuja has dealt a fresh legal setback to the African Democratic Congress (ADC) ahead of the 2027 general elections, affirming the judgment of the Federal High Court that restrained the Independent National Electoral Commission (INEC) from recognising or participating in state congresses conducted by committees appointed by the party’s David Mark-led Caretaker/Interim National Working Committee.
The appellate court, in a split 2-1 majority decision delivered on Monday, dismissed the appeal filed by the ADC and upheld the April 29, 2026 judgment of Justice Joyce Abdulmalik of the Federal High Court, Abuja. Justices Okon Abang and Donatus Okorowo formed the majority, while Justice Abba Mohammed delivered a dissenting opinion.
In the lead judgment, Justice Okon Abang held that the appeal lacked merit and affirmed the lower court’s finding that the elected state executive committees of the ADC—not the caretaker national leadership—have the constitutional authority to conduct state congresses.
The court also upheld the order restraining the David Mark-led caretaker committee from interfering with the tenure and functions of the party’s elected state executive committees.
The case originated from a suit filed by members of the ADC’s state executive committees, who argued that the caretaker leadership exceeded its powers by appointing committees to organise state congresses, contrary to the party’s constitution.
The Federal High Court had agreed with the plaintiffs, holding that the powers to conduct state congresses reside with the duly elected state executives.
The latest judgment is expected to deepen the leadership crisis within the opposition party at a time it is preparing for the 2027 elections.
Political observers believe the ruling could complicate the party’s internal restructuring and preparations for future electoral activities if the dispute remains unresolved.
Despite the setback, the ADC insisted that the judgment would not affect candidates already produced through its direct primaries. The party also announced its intention to challenge the Court of Appeal’s decision at the Supreme Court in a bid to overturn the ruling.
The development adds to the series of legal battles confronting the ADC in recent months, with the party maintaining that it will continue to pursue all available legal avenues to protect its interests ahead of the 2027 general elections.
