Jul 13, 2026

Court of Appeal Strikes Down David Mark-Led ADC Congresses as Illegal

By Afolabi Olaiya Idowu in news

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Abuja, Nigeria – July 13, 2026 – In a judgment delivered on Monday that could reshape the opposition terrain for Nigeria’s 2027 general elections, the Court of Appeal in Abuja has upheld a Federal High Court ruling declaring congresses organized by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC) illegal and null and void.

The three-member panel, in a 2-1 split decision led by Justice Okon Abang (with Justice Donatus Okorowo concurring), affirmed the April 29, 2026, decision by Justice Joyce Abdulmalik of the Federal High Court.

This restrains the Independent National Electoral Commission (INEC) from recognizing or participating in any state congresses or related processes supervised by committees appointed by the Mark-led national caretaker committee.

Justice Abba Mohammed dissented, maintaining that the dispute constituted an internal party affair and was therefore non-justiciable.

The majority, however, emphasized that judicial intervention is warranted when party actions allegedly violate the ADC’s constitution, the 1999 Constitution, or the Electoral Act.

Background and Legal Journey

The ruling stems from a suit filed by aggrieved ADC members challenging the caretaker leadership’s authority to dissolve or sideline elected state executive committees and appoint new committees for congresses.

Plaintiffs argued that only duly elected party organs hold the constitutional power to organize such processes.

The Court of Appeal agreed, holding that the Mark-led leadership’s congresses and national convention were conducted in defiance of existing court orders, rendering them invalid.

It reaffirmed the tenure of the party’s elected state executives until properly constituted congresses and a national convention occur.

The court dismissed the ADC’s appeal and awarded ₦10 million in costs against the party.

This latest twist comes amid a protracted leadership crisis in the ADC. Earlier developments include:

- The Supreme Court restoring or providing relief to the Mark-led faction in prior stages, leading INEC to reinstate figures like Mark as national chairman and Rauf Aregbesola as national secretary.

- Federal High Court affirmations of Mark’s leadership in separate suits (e.g., July 2026 rulings dismissing challenges).

- Parallel factions, including one associated with Nafiu Bala Gombe, claiming legitimacy and even attempting candidate uploads to INEC portals (denied by INEC and the recognized leadership).

The ADC has indicated it will appeal to the Supreme Court.

Political Implications: Atiku’s Bid and Opposition Unity

The decision casts a significant shadow over former Vice President Atiku Abubakar’s reported presidential aspirations under the ADC banner.

Atiku emerged as the party’s presidential candidate in primaries conducted by the Mark-led faction, defeating contenders like Rotimi Amaechi.

Critics and analysts note that the invalidation of these processes could question the validity of candidates emerging from them, potentially complicating INEC’s recognition and fueling further litigation.

This exacerbates the ADC’s internal divisions, with rival factions (including those led by figures like Dumebi Kachikwu) advancing parallel claims.

For Nigeria’s broader opposition politics, the saga underscores persistent challenges: factionalism, legal vulnerabilities in party structures, and the delicate balance between judicial oversight and party autonomy.

Veteran observers recall similar crises in major parties, which have historically weakened coalitions and voter confidence.

Reacting to the judgment, the ADC (via its National Welfare Secretary, Nkem Ukandu) vowed to pursue further legal recourse.

Supporters of the Mark-led faction have previously hailed court wins as affirmations of democratic processes and rule of law.

The ADC, once positioned as a potential vehicle for opposition realignment, has been plagued by leadership disputes since Mark and Aregbesola assumed roles following the tenure of Ralph Nwosu.

These battles involve allegations of constitutional violations, unauthorized caretaker interventions, and external political influences.

Key Legal Principle Highlighted: Courts generally defer to internal party matters but intervene on clear constitutional or statutory breaches—a threshold the majority judgment found met here.

Edge Cases and Considerations: Timing is critical, with INEC deadlines for candidate submissions and party registers looming. Prolonged uncertainty risks disenfranchising members, eroding public trust in opposition platforms, and inviting regulatory scrutiny. A final Supreme Court resolution could clarify leadership once and for all, but appeals may extend into election timelines.

This ruling exemplifies the judiciary’s growing role as arbiter in Nigeria’s democratic experiment—a double-edged sword that upholds legality but risks perceptions of overreach or political weaponization.

As 2027 approaches, the ADC’s ability to resolve these fissures will test its viability as a national force.