ADC’s fortunes in limbo: A-Court affirms order barring INEC from recognising Mark’s leadership
Court of Appeal Affirms Judgment Against African Democratic Congress
Judgment Will Not Affect ADC Candidates, Party Insists
Atiku Abubakar Plans Appeal to Supreme Court Amid Allegations of Forgery
By Ikechukwu Nnochiri, Omeiza Ajayi, and Luminous Jannamike
ABUJA — The Court of Appeal in Abuja upheld a previous ruling that prohibits the Independent National Electoral Commission (INEC) from recognizing state congresses organized by the caretaker leadership of the African Democratic Congress (ADC) led by Senator David Mark. The decision came in a split 2-to-1 ruling yesterday.
In its response, the ADC maintained that the judgment does not impact candidates selected through the party’s direct primaries. Attempts to reach INEC for comment on the ruling were unsuccessful.
The appellate court, led by Justice Okon Abang, stated it found no grounds to dismiss the Federal High Court’s restraining order from April 29. This earlier ruling had barred the Mark-led ADC from interfering with the state’s elected executives’ functions and tenure. The court concluded that the responsibility for conducting state congresses lies with the elected state executive committees.
While Justices Abang and Donatus Okorowo affirmed the majority decision, Justice Abba Mohammed dissented, arguing that the matter involved an internal political party dispute unfit for judicial consideration.
The judgment has potential ramifications for the presidential candidacy of former Vice President Atiku Abubakar and others endorsed by the ADC’s national congress conducted under Mark’s faction ahead of the 2027 elections. The Federal High Court previously ruled that the tenure of the ADC’s state executive committees remains valid until properly organized congresses and a national convention are conducted.
The lawsuit was initiated by several dissatisfied members of the ADC, who contended that the Mark-led faction’s approach violated the party’s constitution and the 1999 Constitution, as amended.
The appellate court dismissed a preliminary objection from the defendants regarding the matter’s jurisdiction and confirmed that it had the authority to adjudicate the issue, emphasizing that the allegations warranted judicial scrutiny.
In response to the judgment, ADC’s National Publicity Secretary, Mallam Bolaji Abdullahi, stated that the decision would not impede candidates resulting from the party’s direct primaries. The party has begun steps to appeal the ruling, which they view as legally untenable.
Atiku Abubakar expressed his intention to take the case to the Supreme Court, asserting that his presidential bid remains unaffected. He stressed that the Court of Appeal’s decision pertains only to state congresses and the tenure of state executives, not to the legality of the ADC’s primary elections.
In a separate development, the ADC accused a faction led by Nafiu Bala Gombe of submitting forged documents to INEC, claiming it uploaded names of candidates to the commission’s nomination portal. The ADC has called on INEC to investigate the forgery allegations, highlighting its commitment to maintaining transparency in the electoral process.
The ADC upheld that there is no leadership dispute within the party and confirmed that the names of its presidential and vice-presidential candidates have been submitted to INEC according to the Electoral Act.
