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ABUJA, NIGERIA — In a landmark judgment that has thrown the African Democratic Congress into turmoil and cast uncertainty over its 2027 presidential ticket, the Court of Appeal has nullified all state congresses and the national convention conducted by the Senator David Mark-led National Caretaker Committee .

The appellate court, in a split 2-1 majority decision delivered on Monday, affirmed a Federal High Court ruling that only the party’s existing state executives—and not the caretaker leadership—possess the constitutional authority to conduct valid state congresses .

Justice Okon Abang, delivering the lead judgment with Justice Donatus Okorowo concurring, held that the Mark-led caretaker committee’s suspension of state party structures violated both the ADC’s constitution and the Electoral Act . The court further barred the Independent National Electoral Commission (INEC) from recognising or participating in any congresses organised by committees appointed by the caretaker leadership .

“Once a complaint before the court is anchored on a constitutional infraction, the shield of internal affairs drops and the veil is lifted for judicial intervention,” Justice Abang declared, emphasising that “internal democracy is not a slogan” .

The court cited Supreme Court precedents, including PDP v. Nwachukwu and PDP v. Lamido, to affirm its jurisdiction to intervene in what the Mark-led faction had argued was a mere internal party affair . Justice Abang stressed that judicial intervention was necessary to “prevent anarchy and ensure the survival of democracy in Nigeria” .

The appellate panel dismissed the appeal marked CA/ABJ/CV/608/2026 and awarded N10 million in costs against the ADC .

Justice Abba Mohammed, the presiding justice, delivered a powerful dissenting judgment. He held that the Federal High Court had erred by delving into the internal affairs of a political party, arguing that Justice Joyce Abdulmalik lacked jurisdiction to entertain the suit . Justice Mohammed further noted that the plaintiffs—seven ADC state chairmen—failed to exhaust the party’s internal dispute resolution mechanisms before approaching the court .

The dispute originated from suit FHC/ABJ/CS/581/2026, instituted by Don Norman Obinna (Abia State ADC Chairman) and six other state chairmen, who challenged the caretaker committee’s appointment of congress committees while their four-year tenure remained valid .

The trial court had held that neither the 1999 Constitution nor the ADC Constitution empowered the David Mark-led caretaker committee to appoint committees for conducting state congresses .

The judgment has significant implications for the ADC’s 2027 electoral preparations, including the presidential ambition of former Vice President Atiku Abubakar and other candidates who emerged through the now-nullified processes .

Reacting to the judgment, the ADC, through its National Welfare Secretary Nkem Ukandu, rejected the verdict and announced plans to challenge the decision at the Supreme Court .

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