The ADC leadership dispute has intensified after the Court of Appeal in Abuja upheld an earlier order preventing the Independent National Electoral Commission (INEC) from recognising state congresses organised by committees appointed by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC). Despite the ruling, the opposition party insisted that its candidates produced through direct primaries for the 2027 general election remain valid, stressing that the judgment does not invalidate the nomination process.
In a split two-to-one judgment delivered on Monday, the appellate court affirmed the decision of the Federal High Court issued on April 29, which restrained the Mark-led caretaker leadership from interfering with elected state executive committees.
Justice Okon Abang, who delivered the lead judgment, held that there was no basis to overturn the lower court’s decision. Justice Donatus Okorowo agreed with the ruling, while Justice Abba Mohammed dissented, arguing that the matter concerned the internal affairs of a political party and therefore fell outside the court’s jurisdiction. The majority ruling maintained that responsibility for conducting state congresses belongs to duly elected state executive committees rather than a caretaker national leadership.
The appellate court upheld the Federal High Court’s position that the tenure of ADC state executive committees remains valid until properly constituted congresses and a national convention are conducted.
The original suit was filed by several aggrieved party members, including Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr. Charles Idowu Omideji, Samuel Pam Gyang and Obianyo Patrick, who challenged the legality of committees appointed by the Mark-led caretaker leadership. The plaintiffs argued that only constitutionally recognised party organs possess the authority to organise state congresses.
The Appeal Court agreed, holding that judicial intervention was necessary because constitutional and statutory issues were involved rather than merely internal party matters. The court also ruled that congresses and the national convention organised by the caretaker leadership were conducted in violation of an existing court order and consequently awarded ₦10 million in costs against the ADC.
Reacting to the judgment, ADC National Publicity Secretary Bolaji Abdullahi dismissed suggestions that the ruling affects candidates already produced through the party’s direct primaries. According to him, the judgment relates solely to state congresses and does not invalidate the nomination of candidates for the 2027 elections.
He disclosed that the party has already commenced an appeal at the Supreme Court, describing the appellate judgment as legally unsustainable while pointing to the dissenting opinion as reflecting the party’s interpretation of the law. Abdullahi urged members and supporters to remain calm, insisting the party remains committed to offering Nigerians a credible political alternative despite the ongoing ADC leadership dispute.
Presidential candidate Atiku Abubakar also rejected interpretations suggesting the judgment invalidated his candidacy. Speaking through his spokesman, Phrank Shaibu, Atiku said his legal team had been instructed to approach the Supreme Court for a final determination of the issues arising from the Appeal Court ruling.
He argued that party congresses and candidate nomination primaries are separate legal processes governed by different provisions of the law, maintaining that the appellate court did not nullify the ADC presidential primary.
The ADC further accused a group allegedly led by Nafiu Bala Gombe of using forged INEC documents to falsely claim it uploaded candidates’ names to the commission’s nomination portal. The party called on INEC to investigate the alleged forgery, insisting that only the leadership recognised by the electoral commission possesses valid access to the nomination portal and corresponding upload codes.
According to the party, its presidential candidate, Atiku Abubakar, and vice-presidential candidate, Rotimi Amaechi, have already been successfully uploaded in accordance with INEC procedures. Reaffirming its position, the ADC said there is no legitimate leadership dispute within the party and vowed to remain focused on preparations for the 2027 elections despite the ongoing legal battle surrounding the ADC leadership dispute.
