Court Bars INEC From Recognizing ADC Congresses Held By David Mark-Led Committee

The Federal High Court in Abuja has barred the Independent National Electoral Commission (INEC) from recognising any state congresses organised by committees set up by the caretaker leadership of the African Democratic Congress (ADC) led by David Mark.

Delivering judgment on Wednesday, Justice Joyce Abdulmalik also ruled that the Mark-led caretaker team must not interfere with the duties or tenure of the party’s elected state executives.

The court held that organising state congresses is the responsibility of elected state party officials, not the national or caretaker leadership.

It added that the current state executive committees are still valid and will remain in office until proper congresses are held and a national convention is conducted.

The case, filed under suit number FHC/ABJ/CS/581/2026, was brought by a group of ADC members who accused the caretaker leadership of overstepping its authority.

The plaintiffs include Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr Charles Idowu Omideji, Samuel Pam Gyang, and Obianyo Patrick. They said they acted on behalf of all state chairmen and state executive members of the party.

The defendants in the case are the ADC, David Mark, Sen. Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Prof. Oserheimen Osunbor (representing the caretaker committee), and INEC.

The plaintiffs argued that the caretaker leadership illegally created committees to run state congresses and insisted that only constitutionally elected party structures have that power.

They also challenged plans for a congress scheduled for April 2026, saying it would violate the party’s constitution if conducted by the caretaker team.

In its ruling, the court agreed with the plaintiffs, stating that neither the Nigerian Constitution nor the ADC constitution gives the caretaker committee the power to organise such congresses.

Justice Abdulmalik noted that political parties are expected to operate democratically under Section 223 of the 1999 Constitution and that party officers are bound by tenure limits outlined in the ADC constitution.

She also explained that while courts usually avoid interfering in internal party matters, they will step in when there is a clear breach of legal or constitutional rules.

According to her, evidence before the court showed that the elected state executives of the ADC are still within their valid tenure and must be allowed to complete it without disruption.

The court therefore nullified any congress plans initiated by the caretaker leadership and confirmed that only elected state party structures have the authority to carry out such processes.

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