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• As A’Court affirms judgment barring INEC from recognising state congresses
• Party dismisses rival nomination portal claim, urges INEC to probe alleged forgery
• INEC aiding agenda to disenfranchise ADC, others –Atiku
• Faction uploads Uba, Barkindo as president, VP candidates
From Ndubuisi Orji, Godwin Tsa and Charity Nwakaudu, Abuja
Confusion and anxiety have gripped the camp of former vice president, Atiku Abubakar, following a Court of Appeal from recognising state congresses organised by committees appointed by the David Mark-led caretaker leadership of the African Democratic Congress (ADC)
The court’s pronouncement potends a grave threat to Atiku’s presidential bid and those of other candidates who emerged from the national convention organised by the Mark-led faction ahead of the 2027 general election.
A three-member panel of the appellate court, in a judgment delivered by Justice Okon Abang, yesterday, said it found no reason to set aside the restraining order the Federal High Court in Abuja had issued against the Mark-led ADC on April 29.
Justices Abang and Donatus Okorowo gave the majority verdict barring the electoral body from acknowledging the outcome of congresses held by the Mark-led leadership of the ADC.
The head of the appellate court’s panel, Justice Abba Mohammed, gave a dissenting judgment.
In his minority decision, Justice Mohammed held that the case that precipitated the restraining order bordered on a non-justiciable internal affair of a political party and
held that the trial court was wrong to have assumed jurisdiction to entertain the matter.
The high court had, in its judgment, held that the four-year tenure of the ADC’s State Working Committees and State Executive Committees remained valid and subsisting, pending the conduct of properly constituted congresses and the convocation of a national convention.
The judgment followed a suit marked FHC/ABJ/CS/581/2026, lodged before the court by aggrieved members of the ADC.
The suit was filed by Don Obinna, Johnny Derek, Obah C. Ehigiator, Olona Yinka, Dr Charles Omideji, Samuel Gyang, and Obianyo Patrick, on behalf of all State Chairmen and State Executive Committees of the African Democratic Congress (ADC).
Listed as defendants are the ADC; Mark; Sen. Patricia Akwashiki, Bolaji Abdullahi; Rauf Aregbesola; and Prof. Oserheimen Osunbor and INEC.
The plaintiffs challenged the decision of the Mark-led leadership of the ADC to constitute committees for the purpose of conducting state congresses.
They challenged the validity of appointments made by the Mark-led caretaker committee.
They argued that planned state congresses slated for April 2026, if conducted under the supervision of the said caretaker committee, would constitute a gross violation of the party’s constitution.
It was further the position of the plaintiffs that only duly elected party organs recognised under the party’s constitution possess the power to conduct congresses.
The appellate court, while upholding the restraining order, said it had a duty to intervene so as to “prevent anarchy and ensure the survival of democracy in Nigeria.”
It cited a recent Supreme Court judgment in the leadership crisis rocking the Peoples Democratic Party (PDP) to hold that the ADC case could not be classified as a domestic affair of a political party.
“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 added in the majority judgment.
The panel consequently, dismissed the appeal marked CA/ABJ/CV/608/2026, which the ADC lodged in order to set aside the high court judgment.
Justice Abdulmalik on April 29 held that neither the 1999 Constitution, as amended, nor the Constitution of the ADC empowered the caretaker/interim National Working Committee led by Mark to appoint committees for the purpose of conducting state congresses.
She held that the claims brought before it by the plaintiffs were valid and deserving of judicial consideration, citing alleged breach of constitutional and statutory provisions.
The judge also held that Section 223 of the 1999 Constitution, as amended, mandates political parties to conduct periodic elections based on democratic principles.
The court added that Article 23 of the ADC Constitution also provides that national and state officers shall hold office for a maximum of two terms spanning eight years.
Justice Abdulmalik had stressed that although courts are generally reluctant to interfere in the domestic affairs of political parties, they nonetheless intervene where there is a clear allegation of violation of constitutional or statutory provisions.
•ADC, Atiku react
Reacting, the ADC, in statement by its National Publicity Secretary, Abdullahi, disagreed with the Appeal Court judgment, stating that it was “legally unsustainable”
The opposition party also assured that the judgment will not have any effect on the direct primaries that produced the ADC candidates for various positions in the forthcoming 2027 polls.
The statement read: “The ADC notes the judgment delivered by the Court of Appeal in Abuja on Monday in a matter relating to party congresses for the election of ward, local government and state executive committees of the Party.
“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.
“The Party has already commenced the process of appealing the judgment, which we respectfully disagree with and consider to be legally unsustainable.
“We also note the dissenting judgment of the presiding Justice, which, in our view, more accurately reflects the settled position of the law and the Party’s position.
“We urge all Party members and the millions of our supporters to remain calm, confident and focused.
“The African Democratic Congress remains committed to the task of providing Nigerians with a credible alternative and will continue to pursue that mission in accordance with the Constitution and the rule of law.”
Atiku also reacted saying that contrary to insinuations in certain quarters, the Court did not invalidate primaries.
The former vice president, in a statement by his Senior Special Assistant on Public Communication, Phrank Shaibu, noted that attempts by some persons to present the verdict as the end of the ADC presidential ticket was part of ongoing misinformation to demoralize the opposition and confuse Nigerians.
He confirmed that the party has commenced moves to appeal the judgment and urged its members and supporters to remain calm.
Atiku added that those attempting to sell false narratives over the judgment should be aware that political propaganda cannot be substituted for judicial pronouncement.
“Those celebrating today should celebrate with caution. Those attempting to sell false hope to their supporters should remember that political propaganda can never substitute for judicial pronouncements.
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“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.
“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. They are distinct legal exercises, governed by different legal principles and serving different constitutional purposes. One should not be confused with the other.
“It is a settled principle of law that courts determine only the issues submitted before them. They neither manufacture disputes nor pronounce on matters that were never placed before them. Any attempt to stretch this judgment beyond its proper scope is an invitation to legal absurdity.
“Our opponents appear more eager to write judgments on social media than to read the one delivered by the Court of Appeal. Nigeria is governed by the rule of law, not by headlines, hashtags or the fantasies of political opportunists.
“We remain respectful of the judiciary and have already instructed our legal team to approach the Supreme Court for a definitive determination of the issues arising from the judgment. That is the proper constitutional path, and we have absolute confidence in the judicial process.
“Let no supporter of the ADC lose sleep. Let no Nigerian who believes in the restoration of our country be discouraged. The struggle to rescue Nigeria has never been about one courtroom or one judgment. It is a movement born out of the collective desire of millions of Nigerians for competent leadership, economic recovery, national unity and the restoration of hope.
“We therefore urge our members across the federation to remain calm, united and focused. Stay committed to the mission. Continue mobilising. Continue organising. Continue believing. No amount of legal gymnastics or political spin can extinguish the legitimate aspirations of Nigerians for a better country.
“The road to 2027 remains open, and the resolve of the Nigerian people cannot be overturned by propaganda. Our destination remains unchanged, and by the grace of God and the will of the Nigerian people, we shall arrive.”
•Faction uploads candidates to INEC
Meanwhile, a faction of the party said it has uploaded its presidential and National Assembly candidates for the 2027 general elections to the Independent National Electoral Commission (INEC) nomination portal.
The faction, led by National Chairman Nafiu Bala Gombe, said the exercise was carried out in line with Section 29(1) of the Electoral Act 2022 and INEC’s candidate nomination guidelines.
The party also announced Dr. Shamsuddeen Modibbo Barkindo as its vice-presidential candidate, who will run alongside its presidential flag bearer, Prof. Chris Uba.
In a statement, Gombe described the completion of the upload as a major milestone in the party’s preparations for the 2027 polls.
“The African Democratic Congress, under the leadership of Hon. Nafiu Bala Gombe, has successfully concluded the uploading of its presidential and National Assembly candidates on the INEC portal in strict compliance with the Electoral Act and INEC guidelines,” he said.
He added that the party remained committed to presenting “credible, competent and people-oriented leadership” capable of delivering good governance.
According to documents submitted to INEC, Prof. Uba, 71, is from Anambra State and studied at the University of Nigeria, Nsukka, and institutions in the United Kingdom, while his running mate, Dr. Barkindo, 65, is from Adamawa State and attended Ahmadu Bello University, Zaria.
•Commission aiding agenda to disenfranchise ADC, others –Atiku
Atiku, in a statement by his media office, has faulted alleged issuance of access code to INEC portal to a faction of the ADC led by Gombe and accused the commission of aiding an alleged plot to disenfranchise opposition parties.
The former Vice President and ADC 2027 presidential candidate, noted that “INEC has been mum, and has not denied or confirmed this obvious contradiction to the law and its own guidelines.”
According to him, “by granting access code to Bala Gombe, a pretender, laying claims to the chairmanship of the ADC, though the law is not on his side and INEC has since validated the chairmanship of the Sen. David Mark-led exco, the electoral umpire is once again manifesting its partisanship.
“The so-called ‘successful’ uploading of “candidates” by Nafiu Bala Gombe is neither grounded in law nor supported by INEC’s own guidelines. Nafiu Bala Gombe is not recognised as ADC Chairman. Mark is duly recognised. Can there be two recognised Chairmen of a political party? Possibly only in an INEC led by Amupitan. Can INEC grant two access codes to a political party? Certainly not.
“What INEC has done is a recipe for crisis and confirms that Prof Joash Amupitan was appointed to enable the weakening of the opposition parties by creating a crisis even where none exists.
“We wish to remind Prof Joash Amupitan’s INEC that Section 222 of the Constitution of the Federal Republic of Nigeria, 1999 (as amended) provides that candidates of a political party must emerge through recognized party primaries supervised by INEC.
“Section 84 of the Electoral Act, 2022 (as amended) stipulates that political parties must conduct primaries and submit only one validly nominated candidate per elective office to INEC. Nafiu Bala Gombe and his criminal gang did not conduct any primaries.
“The INEC granting of access code to Nafiu Bala Gombe is unconstitutional and unlawful. The only submitted candidates known to the law are those of David Mark. Any parallel submission such as Nafiu Bala Gombe’s is null and void.
“Prof Joash Amupitan should quit fomenting the crisis in the ADC and the other opposition parties and by so doing helping President Bola Tinubu’s agenda of total state capture.”
•INEC urged to probe alleged forgery
However, the Mark-led ADC has dismissed the claims by a rival group of uploading presidential nomination details to INEC portal, describing it as false.
The party urged INEC to investigate what it described as forgery and unauthorised use of documents it purportedly issued.
Abdullahi, in a statement, said it was not true that a group, led by Nafiu Bala, uploaded names of presidential and other candidates into the INEC nomination portal.
According to him, INEC cannot issue nomination portal access or nomination codes to a leadership it does not officially recognise under the Electoral Act.
He said that the commission would not issue separate nomination portal codes to different groups claiming leadership of the same registered political party.
“The claim is a blatant lie. INEC does not issue nomination portal access or nomination codes to a leadership it does not recognise,” Abdullahi said.
He challenged those making the allegation to provide credible evidence showing that an unrecognised group successfully accessed and uploaded nominations on the commission’s portal.
The spokesman said the party had formally notified INEC of what it considered apparent forgery and unauthorised use of documents bearing the commission’s identity.
“We trust that the commission will investigate this matter and take necessary steps to correct this blatant misrepresentation,” he said.
Abdullahi declared that ADC was not factionalised, insisting that INEC recognised only one leadership which had completed its nomination process lawfully.
He said the party had already uploaded details of its presidential candidate, Alhaji Atiku Abubakar and vice-presidential candidate, Rotimi Amaechi, on the INEC portal.
“Our focus remains firmly on presenting Nigerians with a credible alternative that can restore security, revive the economy and create jobs in 2027,” he said.
The spokesman urged party members, supporters, the media and the public to disregard contrary claims and rely only on official communications issued through authorised ADC channels.
