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The court of appeal in Abuja has affirmed 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 versus one, the appeal court on Monday affirmed the judgment delivered by Joyce Abdulmalik, judge at the federal high court in Abuja, on April 29, 2026.
In April 29, Abdulmalik restrained INEC from recognising or participating in any state congresses organised by Mark-led leadership.
The presiding 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 held that neither the constitution of Nigeria nor the party’s constitution empowers the caretaker/interim national working committee, led by Mark, former senate president, to appoint committees to conduct state congresses.
Abdulmalik held that the duty of conducting state congresses resides with state executive committees of the party, not with the national executive committee.
The suit, marked FHC/ABJ/CS/581/2026, was filed by some aggrieved members of the party, including Don Norman Obinna, Johnny Tovie Derek, Obah Ehigiator, Olona Yinka, Charles Omideji, Samuel Pam Gyang, and Obianyo Patrick as plaintiffs, suing for themselves and on behalf of all state chairmen and state executive committees of the ADC.
The plaintiffs had argued that the caretaker body lacked the constitutional authority to organise state congresses or appoint committees for that purpose.
