The Federal High Court in Abuja has delivered a ruling against a faction of the African Democratic Congress (ADC) led by former Senate President David Mark, stopping the Independent National Electoral Commission (INEC) from recognising or engaging with any state congresses organised by committees set up by the group.
In her judgment, Justice Joyce Abdulmalik held that the caretaker leadership under the Mark-led faction does not have the legal authority to constitute committees for the purpose of conducting state congresses. The court also restrained the group from interfering with the tenure or responsibilities of duly elected state executive officials of the party.
The court made clear that the organisation of state congresses is exclusively the responsibility of state executive committees, not the party’s national or caretaker leadership. It further affirmed that the current State Working Committees and State Executive Committees of the ADC remain valid and in office until properly conducted congresses and a national convention take place.
The case was initiated by a group of aggrieved party members who challenged the legality of the caretaker committee’s actions, including plans to conduct state congresses scheduled for April 2026. They argued that only constitutionally recognised party organs are empowered to oversee such internal electoral processes.
Justice Abdulmalik agreed with the argument, stating that neither the Nigerian Constitution nor the ADC’s own constitution grants the caretaker committee the power to appoint congress committees. While she acknowledged that courts generally avoid intervening in internal party disputes, she stressed that judicial intervention becomes necessary where there are allegations of constitutional or statutory violations.
She ruled that the existing state executive structures must be allowed to complete their tenure without interference, adding that any congress process initiated by the caretaker leadership is invalid and has no legal effect.
