2027: Atiku’s ambition hits snag as Appeal Court bars INEC from recognising Mark-led ADC congresses
The presidential ambition of former Vice President Atiku Abubakar and other candidates ahead of the 2027 general elections has been thrown into jeopardy.
This follows a split decision by the Court of Appeal in Abuja on Monday, which barred the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses organised by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).
In a two-to-one majority verdict, the three-member appellate panel affirmed an earlier Federal High Court judgment restraining the caretaker committee from interfering with the roles and tenures of the party’s elected state executives.
Delivering the lead majority judgment, Justice Okon Abang—joined by Justice Donatus Okorowo—stated that the court found no reason to set aside the April 29 restraining order issued by Justice Joyce Abdulmalik of the Federal High Court.
The appellate court concurred that the responsibility for conducting state congresses lies solely with elected state executive committees, not the national 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 ruled, citing a recent Supreme Court precedent on political party leadership crises.
Conversely, the head of the panel, Justice Abba Mohammed, delivered a dissenting minority judgment. He argued that the dispute was a non-justiciable internal affair of a political party and that the trial court erred by assuming jurisdiction over the matter.
The appellate court dismissed the ADC’s appeal (CA/ABJ/CV/608/2026), ruling that all congresses and the national convention conducted by the Mark-led leadership are a nullity because they defied a subsisting April 14 court order. The court awarded a ₦10 million cost against the ADC.
Justice Abang emphasized that the judiciary has a duty to intervene in political party infractions to “prevent anarchy and ensure the survival of democracy in Nigeria.”
The legal battle stems from a suit (FHC/ABJ/CS/581/2026) filed by aggrieved ADC members, including Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr. Charles Idowu Omideji, Samuel Pam Gyang, and Obianyo Patrick. They sued on behalf of themselves and all State Chairmen and State Executive Committees of the party.
The defendants included the ADC, Senator David Mark, Senator Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Prof. Oserheimen Osunbor (sued for the Caretaker/Interim NWC) and INEC.
The plaintiffs successfully argued that the planned April 2026 state congresses under the Mark-led caretaker committee grossly violated the ADC constitution.
In the initial trial, Justice Joyce Abdulmalik held that neither the 1999 Constitution nor the ADC Constitution empowers a caretaker committee to appoint congress committees. She noted that while courts rarely interfere in internal party matters, they must step in when constitutional and statutory provisions—such as Section 223 of the 1999 Constitution and Article 23 of the ADC Constitution regarding periodic democratic elections—are breached.
The legal battle is far from over. Speaking shortly after the judgment, the ADC, represented by its national welfare secretary, Mr. Nkem Ukandu, announced that the party would be approaching the Supreme Court to challenge the appellate court’s verdict.
