The Court of Appeal in Abuja on Monday upheld a Federal High Court judgment restraining the Independent National Electoral Commission from recognising or participating in state congresses conducted by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress.
In a two-to-one majority decision, the appellate court dismissed the appeal marked CA/ABJ/CV/608/2026, affirming the April 29 judgment of Justice Joyce Abdulmalik, which barred the caretaker leadership from interfering with the tenure and functions of the party’s elected state executive committees.
Delivering the lead judgment, Justice Okon Abang held that there was no basis to set aside the lower court’s decision, stressing that the authority to conduct state congresses rests with elected state executive committees and not a caretaker national leadership.
Justice Donatus Okorowo concurred with the lead judgment, while the presiding Justice of the panel, Justice Abba Mohammed, dissented.
Justice Mohammed held that the dispute bordered on the internal affairs of a political party and was therefore non-justiciable, adding that the Federal High Court lacked jurisdiction to entertain the suit.
The majority, however, held that the matter involved constitutional questions warranting judicial intervention.
Justice Abang held that once a complaint is founded on alleged constitutional infractions, the defence that the matter is an internal party affair no longer applies.
