By Gideon Maxwell
July 13, 2026
The Court of Appeal in Abuja has affirmed the judgment of the Federal High Court restraining the Independent National Electoral Commission, INEC, from recognising or participating in any state congresses organised by committees constituted by the Senator David Mark led caretaker leadership of the African Democratic Congress, ADC.
In a split decision of two to one, the appellate court upheld the judgment delivered by Justice Joyce Abdulmalik, holding that the congresses and the national convention conducted by the Mark led leadership were carried out in violation of a subsisting court order issued on April 14, 2026.
The court consequently ruled that the congresses were a nullity and affirmed the order barring INEC from recognising or participating in any congresses organised by the caretaker leadership.
The appellate court also awarded a cost of N10 million against the ADC.
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The judgment is a major setback for the opposition coalition that recently adopted the ADC as its political platform ahead of the 2027 general election.
The coalition is led by former Vice President Atiku Abubakar and includes former Senate President David Mark, former Osun State Governor Rauf Aregbesola, former Kaduna State Governor Nasir El Rufai and other prominent opposition figures.
The dispute arose after the David Mark led caretaker committee proceeded with the constitution of committees for state congresses and preparations for a national convention despite a subsisting order of the Federal High Court restraining such actions pending the determination of the substantive suit.
Justice Abdulmalik had ruled that only the party’s previously elected structures were constitutionally empowered to organise congresses and conventions, while restraining the caretaker leadership from taking further steps outside the provisions of the party’s constitution.
Monday’s decision strengthens that position and raises fresh uncertainty over the legality of actions already taken by the caretaker leadership since assuming control of the party.
The ruling is expected to have significant implications for the opposition coalition’s preparations for the 2027 elections, particularly if the leadership dispute remains unresolved before the commencement of party primaries and candidate nominations.
Although the judgment does not dissolve the ADC or prevent it from participating in elections, it effectively places legal obstacles before the David Mark led leadership and may compel the party to seek further judicial intervention at the Supreme Court.
Political observers say the decision is likely to intensify the leadership crisis within the ADC and could affect the opposition coalition’s efforts to present a united front against President Bola Tinubu and the ruling All Progressives Congress, APC, in 2027.
