ADC in Legal Maze as Appeal Court Rejects Bid to Validate Caretaker Committee Actions
By Ehichioya Ezomon
The African Democratic Congress (ADC) is facing mounting legal uncertainty after the Court of Appeal in Abuja affirmed a Federal High Court judgment restraining its caretaker leadership from conducting state congresses, a development that could complicate the party’s preparations for Nigeria’s 2027 general elections.
The ruling has intensified the leadership dispute within the opposition party, with analysts warning that the prolonged legal battle may undermine the ADC’s efforts to position itself as a credible alternative ahead of the presidential and governorship elections.
Appeal Court Upholds Lower Court Judgment
In a split two-to-one decision delivered on July 13, 2026, the Court of Appeal dismissed the appeal filed by the ADC leadership under National Chairman Senator David Mark and National Secretary Ogbeni Rauf Aregbesola.
The appellate court upheld the earlier judgment of the Federal High Court, Abuja, which ruled that the party’s caretaker committee lacked constitutional authority to appoint committees to conduct state congresses.
Justice Okon Abang, who delivered the lead judgment, held that once allegations of constitutional violations are raised, courts have the authority to intervene.
“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 court ruled.
Justice Donatus Okorowo concurred with the majority judgment, while Presiding Justice Abba Mohammed dissented, maintaining that the dispute remained an internal party affair outside the jurisdiction of the courts.
Origin of the Dispute
The lawsuit was instituted by seven members of duly elected ADC state executive committees, including Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr. Charles Idowu Omideji, Samuel Pam Gyang and Obianyo Patrick.
The plaintiffs challenged the decision of the caretaker committee to establish committees that organised state congresses, arguing that the ADC Constitution reserves that responsibility exclusively for duly elected state executive committees.
The defendants in the suit included:
African Democratic Congress (ADC)
Senator David Mark
Senator Patricia Akwashiki
Mallam Bolaji Abdullahi
Ogbeni Rauf Aregbesola
Prof. Oserheimen Osunbor
Independent National Electoral Commission (INEC)
Federal High Court’s Earlier Decision
Delivering judgment on April 29, 2026, Justice Joyce Abdulmalik held that neither the 1999 Constitution nor the ADC Constitution empowered the caretaker committee to appoint committees for state congresses.
She ruled that the tenure of the elected state executive committees remained valid and that only those recognised structures could legally conduct congresses.
The court subsequently nullified the congresses organised by the caretaker leadership and restrained the Independent National Electoral Commission (INEC) from recognising the exercises.
Court Nullifies Congresses and Convention
Affirming the lower court’s decision, the Court of Appeal declared that the state congresses and national convention organised by the caretaker committee were conducted in defiance of an existing Federal High Court order issued on April 14, 2026.
The appellate court also awarded ₦10 million in costs against the ADC.
The judgment relied on previous Supreme Court authorities involving political party disputes, holding that judicial intervention becomes necessary whenever constitutional provisions are allegedly breached.
ADC Heads to Supreme Court
Despite the setback, the ADC has indicated that it will challenge the Court of Appeal judgment at the Supreme Court.
The party’s National Welfare Secretary, Nkem Ukandu, said the apex court would be asked to overturn the decisions of the two lower courts.
The outcome of the appeal could determine the legal validity of congresses conducted by the caretaker committee and may also affect candidates emerging from those processes ahead of the 2027 elections.
Crisis Rooted in Leadership Transition
The current leadership dispute traces its roots to July 2025, when former National Chairman Chief Ralph Nwosu and members of the party’s National Executive Committee stepped aside during a stakeholders’ meeting in Abuja.
The transition paved the way for Senator David Mark and former Osun State Governor Rauf Aregbesola to assume leadership of a caretaker committee as part of a broader opposition coalition involving former Vice President Atiku Abubakar.
However, the transition triggered multiple lawsuits from party members questioning the legality of the caretaker arrangement.
Among them was a suit by former National Vice Chairman Nafiu Bala Gombe, while another was instituted by House of Representatives member Hon. Leke Abejide, who challenged the emergence of the caretaker leadership.
Although Justice Musa Liman later dismissed Abejide’s suit for lack of jurisdiction and legal standing, other cases remain pending before the courts.
Implications for the 2027 Elections
Beyond the internal leadership struggle, the ADC is also facing separate legal proceedings concerning its registration status.
The party remains under scrutiny over compliance with electoral requirements, although previous appellate decisions have temporarily halted moves that could affect its participation in the 2027 elections.
Analysts say prolonged litigation and unresolved internal disagreements could weaken the party’s organisational strength and campaign preparations unless reconciliation efforts succeed before candidate nominations begin.
Analysis: Can ADC Navigate the Legal Challenge?
The continuing legal disputes have exposed deep divisions within the opposition party at a critical period ahead of the 2027 general elections.
While the Supreme Court may ultimately determine the legality of the caretaker leadership’s actions, party stakeholders argue that genuine reconciliation remains the most effective path toward restoring unity.
Without resolving its internal conflicts, analysts warn that the ADC risks entering the 2027 electoral contest weakened by prolonged litigation, leadership uncertainty and organisational divisions.
