The Court of Appeal in Abuja has upheld an order restraining the Independent National Electoral Commission from recognising or participating in congresses conducted by the Senator David Mark-led caretaker leadership of the African Democratic Congress.

The judgment has renewed uncertainty within the opposition party ahead of the 2027 general election, although the ADC and former Vice President Atiku Abubakar have insisted that the ruling does not affect candidates who emerged through the party’s direct primaries.

In a split decision on Monday, the appellate court affirmed the April 29 judgment of the Federal High Court, Abuja, which barred the caretaker leadership from interfering with the tenure and functions of the party’s elected state executive committees.

The majority judgment delivered by Justice Okon Abang and supported by Justice Donatus Okorowo held that only elected state executive committees had the authority to conduct state congresses, not a caretaker national leadership.

The court also ruled that congresses and the national convention conducted by the Mark-led caretaker committee were nullities, having been carried out in defiance of a subsisting court order.

It awarded N10 million in costs against the ADC.

Justice Abba Mohammed, who presided over the panel, gave a dissenting judgment, arguing that the dispute was an internal party matter and that the Federal High Court lacked jurisdiction to entertain the case.

However, the majority held that courts could intervene where alleged constitutional violations were involved.

Justice Abang said, “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.”

The case was filed by some ADC members and state executives, who challenged the caretaker committee’s decision to appoint committees to conduct state congresses, arguing that the move violated the party’s constitution.

Reacting to the judgment, the ADC said it would appeal the decision at the Supreme Court, insisting that the ruling had no effect on candidates produced through its direct primaries.

The party’s National Publicity Secretary, Bolaji Abdullahi, said the judgment only concerned party congresses and did not invalidate the nomination process for candidates.

“The judgment has no effect whatsoever on the direct primaries through which the party’s candidates have emerged at all levels,” Abdullahi said.

Former Vice President Atiku Abubakar also dismissed claims that the judgment affected the ADC’s 2027 presidential ticket, describing such interpretations as political propaganda.

Atiku, through his Senior Special Assistant on Public Communication, Phrank Shaibu, said the ruling was limited to the conduct of party congresses and the tenure of state executives.

“The judgment being celebrated relates to the conduct of state congresses and the tenure of state executive committees. It does not, from the facts available, amount to a judicial nullification of the ADC’s primary elections conducted under the Electoral Act,” he said.

He maintained that internal party congresses and statutory primaries were separate legal processes and urged party supporters to remain calm.

The ADC has said it has commenced preparations to challenge the appellate court’s decision at the Supreme Court, while reaffirming its commitment to contest the 2027 elections.