Court Upholds Ruling Against African Democratic Congress National Convention
The Abuja Court of Appeal has confirmed the annulment of the African Democratic Congress (ADC) national convention held on April 14, 2023, and has prohibited the Independent National Electoral Commission (INEC) from recognizing or participating in any subsequent statewide legislative assemblies.
In a split ruling delivered by a three-judge panel on Monday, the court dismissed the appeal lodged by ADC National Chairman David Mark, National Secretary Rauf Aregbesola, and several others, deeming their claims as lacking grounding and relevance.
The lead judgment, presented by Justice Okon Abban, stated that both the national congresses of the ADC and associated state parliaments were conducted in breach of an injunction filed on April 14. Consequently, the court imposed a total fine of 10 million naira on the ADC’s national executive.
The ruling underscored the potential for “absolute chaos” if political parties were permitted to violate judicial orders without consequence. The court affirmed a prior decision made by Justice Joyce Abdulmalik of the Federal High Court in Abuja on April 29. This decision had restricted the National Executive of the Maluku-led faction from interfering in the tenure and functions of the legitimately elected national executives, which remained valid at the time of its dissolution as per Articles 19(7) and (8) of the ADC Constitution.
In the appeal initiated by attorney SE Aluwa (SAN), the Mark-led executive alleged that ADC’s Abia State Chairman, Mr. Norman Obinna, along with six other state chairmen, were detained by members of the National Committee Executive in March 2026. The executive contended that actions taken against certain party members constituted forum shopping, a point previously addressed by the Abia High Court. It was noted that a meeting involving Mr. Obinna and Mr. Mazi Kanu regarding national party leadership had occurred in Umuahia in December 2025.
ADC’s National Committee argued that the court should not have intervened and that the internal mechanisms for dispute resolution were not adequately pursued before escalating the matter to court. However, Justice Abang clarified that the subject matter fell under Article 223(1)(A) of the Nigerian Constitution, which grants INEC the authority to oversee the registration and regulation of political parties, emphasizing that such issues are internal and not a matter for the political parties themselves.
The panel highlighted parallels with recent Supreme Court rulings involving the PDP, reiterating that the internal mechanisms for dispute resolution among political parties would only be applicable under specific circumstances related to the party’s internal affairs. Justice Abang dismissed claims made by the National Executive Committee concerning forum shopping as unfounded since the Abia High Court had not issued any relevant judgment on the matter. He noted that the national executive lacked authority to challenge the mediation committee’s report extending the term of the state executive up to December 2023.
Justice Donatus Okorowo concurred with Justice Abang’s primary decision, affirming the validity of the ruling. In contrast, Justice Abba Mohammed presented a dissenting opinion, arguing that if INEC, a federal entity, was included in the lawsuit, the trial court did not possess the jurisdiction to handle the grievance raised by the state chairman. Justice Mohammed asserted that the nature of the case was appropriate for a state high court’s determination rather than the Federal High Court, as INEC’s involvement pertained to only ancillary matters.
He further emphasized that disputes over the internal governance of political parties are generally not subject to judicial intervention unless they encompass constitutional or fundamental legal issues. Justice Mohammed concluded that there was no basis in the complaint that warranted the invocation of sections 251(1) of the 1999 Nigerian Constitution or 83(5) of the Electoral Act 2026. He pointed out that the ADC failed to comply with any court orders, noting that the High Court ruling coincided with the ADC’s convention on April 14, and there was no evidence indicating that the injunction had been communicated to them.
A majority decision subsequently ordered separate fines of 10 million naira for the ADC executives involved in the appeals, including Mark, Aregbesola, and public relations secretary Bolaji Abdullahi.
