The Court of Appeal, Abuja, has dismissed by a 2-1 majority an appeal by the African Democratic Congress, Senator David Mark and Rauf Aregbesola against a Federal High Court judgment restraining INEC from recognising state congresses conducted under the Mark-led caretaker leadership, with Atiku Abubakar stating that his legal team has been instructed to appeal to the Supreme Court.
The Court of Appeal, Abuja, on Monday dismissed an appeal filed by the African Democratic Congress (ADC), Senator David Mark and Rauf Aregbesola against a Federal High Court judgment that barred the Independent National Electoral Commission (INEC) from recognising state congresses conducted by committees appointed by the Mark-led caretaker leadership.
A three-member panel divided 2-1. Justices Okon Abang and Donatus Okorowo formed the majority and affirmed the judgment of Justice Joyce Abdulmalik of the Federal High Court, Abuja, which had restrained INEC from recognising or participating in state congresses organised by the caretaker committees, and which barred the caretaker leadership from dissolving the party’s elected State Working Committees (SWCs) before the expiry of their four-year tenure. The presiding justice, Abba Bello Mohammed, dissented.
The underlying suit was filed by a group of ADC state chairmen and state executive committee members against the party, Mark, Senator Patricia Akwashiki, Bolaji Abdullahi, Aregbesola, Professor Oserheimen Osunbor and INEC. The Federal High Court’s restraining order was issued on 14 April 2026.
The jurisdiction question
The central legal issue on appeal was whether the dispute was a non-justiciable internal party affair, over which courts traditionally decline jurisdiction, or a matter properly before the courts because it turned on an alleged breach of the ADC’s own constitution.
Justice Abang, delivering the lead majority judgment, held that once a complaint is founded on an alleged violation of a political party’s constitution — as opposed to a mere disagreement over internal party management — the doctrine that internal party affairs are non-justiciable no longer applies. On this basis, the majority held that the Federal High Court correctly assumed jurisdiction, and further held that state congresses are a function that resides with duly elected State Working Committees, not with a caretaker national leadership.
Justice Mohammed, dissenting, held that the dispute concerned the internal affairs of a political party and was therefore non-justiciable, finding that the Federal High Court lacked jurisdiction to entertain the suit at all.
The Court of Appeal awarded ₦10 million in costs against the ADC, payable to the affected state chairmen.
What happens next
Atiku Abubakar, the ADC’s presidential candidate, said his legal team has been instructed to proceed to the Supreme Court. This is his stated position and not a confirmation that an appeal has been filed. The matter therefore remains active in the courts.
