Federal High Court Restrains INEC from Recognizing ADC Congresses Led by David Mark’s Caretaker Committee

In a significant legal development that could reshape the internal dynamics of the African Democratic Congress (ADC), a Federal High Court in Abuja has issued an interim injunction barring the Independent National Electoral Commission (INEC) from recognizing or participating in any state congresses conducted by committees appointed by the caretaker leadership of the party, led by former Senate President David Mark.

The ruling, delivered by Justice Inyang Ekwo, effectively freezes the political activities of the David Mark-led faction until the substantive suit is heard and determined. The court order specifically restrains INEC from monitoring, supervising, or giving legal effect to any congresses organized under the authority of the Mark-led caretaker committee.

Background: The ADC Leadership Crisis

The African Democratic Congress, a relatively minor but vocal opposition party in Nigeria, has been embroiled in a protracted leadership dispute since 2024. The crisis deepened when the party’s National Executive Committee (NEC) was dissolved by a faction loyal to former Senate President David Mark, who was appointed as the head of a caretaker committee. This move was contested by other party stakeholders, who argued that the dissolution was unconstitutional and violated the ADC’s constitution.

The dispute has led to parallel congresses, conflicting candidate lists, and a series of court cases. The latest ruling is a major setback for the Mark-led faction, which had planned to conduct state congresses across the country to elect new party executives ahead of the 2027 general elections.

Key Details of the Court Order

Justice Ekwo granted the injunction following an ex parte application filed by aggrieved members of the ADC, who argued that the Mark-led caretaker committee lacked the legal authority to conduct congresses. The plaintiffs contended that the dissolution of the NEC was illegal and that any congresses organized by the caretaker committee would be invalid.

The court order specifically:

• Restrains INEC from recognizing, monitoring, or participating in any state congresses conducted by committees appointed by the David Mark-led leadership.
• Prohibits the Mark-led faction from organizing or holding any congresses pending the hearing of the substantive suit.
• Directs all parties to maintain the status quo until the court rules on the main case.

The case has been adjourned to a later date for the hearing of the substantive motion.

Implications for the ADC and Nigeria’s Political Landscape

This ruling has far-reaching implications for the ADC and the broader Nigerian political environment:

1. Internal Party Democracy

The court’s intervention underscores the importance of adherence to internal party constitutions and due process. Political parties in Nigeria are required by the 1999 Constitution (as amended) and the Electoral Act 2022 to conduct their affairs democratically. The ruling serves as a reminder that unilateral actions by party leaders can be challenged in court.

2. INEC’s Role in Party Congresses

INEC is constitutionally mandated to monitor party congresses and primaries. However, the court’s order places INEC in a difficult position, as it must now decide whether to comply with the injunction or risk being held in contempt. This could delay the ADC’s preparations for the 2027 elections.

3. The 2027 General Elections

The ADC, though not a major contender nationally, has a presence in several states and could play a spoiler role in close races. The leadership crisis and the court ruling could weaken the party’s ability to field candidates, potentially benefiting the ruling All Progressives Congress (APC) and the main opposition Peoples Democratic Party (PDP).

4. Precedent for Other Parties

This ruling could set a precedent for other political parties facing internal disputes. It reinforces the principle that courts can and will intervene to enforce party constitutions and prevent arbitrary leadership changes.

Practical Example: What This Means for ADC Members

For a typical ADC member in a state like Oyo or Kaduna, this ruling means that any congresses organized by the Mark-led faction are legally void. If you are a party member, you should:

• Verify the legitimacy of any congress you are invited to by checking with the recognized NEC or the court-appointed receiver (if any).
• Document any attempts to hold unauthorized congresses and report them to INEC and the court.
• Stay informed about the progress of the substantive case, as the final judgment will determine the legitimate leadership of the party.

What Happens Next?

The case is expected to be heard on its merits in the coming weeks. The court will decide whether the dissolution of the NEC was lawful and whether the David Mark-led caretaker committee has the authority to conduct congresses. Until then, the ADC remains in a state of legal limbo.

Both factions have expressed confidence in their legal positions. The Mark-led faction has indicated it will appeal the injunction, while the plaintiffs have urged the court to expedite the hearing to avoid further disruption to the party’s activities.

Conclusion

The Federal High Court’s ruling is a critical juncture for the African Democratic Congress. It highlights the fragility of internal party democracy in Nigeria and the role of the judiciary in resolving political disputes. As the 2027 elections approach, all eyes will be on the court to see whether it can provide a lasting solution to the ADC’s leadership crisis.

For now, INEC and the Mark-led faction must comply with the court order, and the party’s future hangs in the balance.

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