Appeal Court Voids Caretaker-Led Congresses as ADC and Atiku Defend Legality of Primaries

The Court of Appeal in Abuja has upheld a lower court’s order restraining the Independent National Electoral Commission (INEC) from recognizing or participating in congresses organized by committees under the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).

Despite the ruling, former Vice President and ADC presidential candidate Atiku Abubakar, alongside the party’s national leadership, has maintained that the judicial decision has no bearing on the validity of candidates selected through its direct primary elections for the 2027 general elections.

The Appellate Court’s Ruling

In a split 2–1 decision, the appellate panel affirmed the April 29 judgment of the Federal High Court in Abuja. The majority ruling, delivered by Justice Okon Abang and supported by Justice Donatus Okorowo, determined that the authority to conduct state congresses lies solely with elected state executive committees, rather than temporary caretaker national leadership.

The court further ruled that the congresses and national convention organized by the Mark-led caretaker committee were null and void, citing that they were conducted in defiance of a subsisting Federal High Court order issued on April 14. Consequently, the court awarded ₦10 million in costs against the ADC.

Addressing the argument that the dispute was strictly an internal party matter, Justice Abang emphasized that judicial intervention is warranted when constitutional violations are raised.

“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 stated, adding that such intervention is necessary to maintain democratic order.

The Dissenting Opinion

In his dissenting judgment, the presiding justice of the panel, Justice Abba Mohammed, disagreed with the majority, arguing that the trial court lacked jurisdiction. Justice Mohammed held that the dispute fell squarely within the internal affairs of a political party and was therefore non-justiciable. He noted that the role of state executive committees is limited to preparing the agenda for state congresses rather than conducting them.

Legal Background of the Dispute

The legal battle originated from suit FHC/ABJ/CS/581/2026, initiated by Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, and several other ADC state chairmen. The plaintiffs challenged the caretaker committee’s decision to set up external committees to run state congresses, arguing that it bypassed elected party organs in violation of both the party’s constitution and the 1999 Constitution of Nigeria.

The defendants in the suit included the ADC, David Mark, Patricia Akwashiki, Mallam Bolaji Abdullahi, Rauf Aregbesola, Prof. Oserheimen Osunbor, and INEC.

ADC and Atiku Defend Primary Elections

Following the judgment, both the ADC leadership and Atiku Abubakar released statements downplaying the impact of the ruling on the party’s upcoming electoral campaigns.

Party to Appeal to Supreme Court

The National Publicity Secretary of the ADC, Mallam Bolaji Abdullahi, announced that the party is already preparing an appeal to the Supreme Court. He reassured members that the candidate selection process remains legally sound.

“We wish to assure members of the party and the general public that this judgment has no effect whatsoever on the direct primaries through which the party’s candidates have emerged at all levels,” Abdullahi said, expressing confidence in the legal arguments presented in the minority dissent.

Atiku Dismisses Claims of Ticket Collapse

Similarly, Atiku Abubakar dismissed assertions that the ruling invalidated the party’s presidential ticket, characterizing such claims as political propaganda.

Speaking through his Senior Special Assistant on Public Communication, Phrank Shaibu, Atiku explained that there is a clear legal distinction between internal party leadership elections and the statutory primary elections regulated by the Electoral Act.

“There is a world of legal difference between the election of party executives through internal congresses and the nomination of candidates through statutory primary elections,” Atiku stated. “They are distinct legal exercises, governed by different legal principles and serving different constitutional purposes.”

Atiku urged supporters to remain calm, reaffirming his confidence in the judiciary as the party takes the matter to the apex court.