Federal High Court nullifies David Mark led ADC congresses as Supreme Court prepares for leadership ruling

A Federal High Court has voided the ADC state congresses led by David Mark, barring INEC from recognition as the Supreme Court prepares for a final ruling.

By: AXL Media

Published: Apr 30, 2026, 10:29 AM EDT

Source: Information for this report was sourced from LEADERSHIP Media Group

Judicial Intervention in Internal Party Restructuring

The leadership crisis within the African Democratic Congress (ADC) has intensified following a critical ruling by a Federal High Court in Abuja. Justice Joyce Abdulmalik has nullified the state congresses organized by the faction led by former Senate President David Mark, dealing a significant blow to their restructuring efforts. The court specifically restrained the Independent National Electoral Commission (INEC) from recognizing or participating in any future congresses initiated by this specific leadership group. This decision arrives at a volatile moment, as the party remains fractured by competing claims to its national and state administrative organs.

Constitutional Mandates and Tenure Protection

In her judgment, Justice Abdulmalik emphasized that political parties are not immune to judicial scrutiny when they violate their own internal statutes or the Nigerian Constitution. The court held that the appointment of a "congress committee" by the Mark-led faction was not recognized under the ADC constitution and was therefore legally invalid. Relying on Section 223 of the 1999 Constitution, the judge ruled that the tenure of duly elected state executives is guaranteed and must be allowed to run its full course. This protects the existing state structures from being forcibly replaced by interim or caretaker bodies that lack the specific constitutional authority to conduct elections.

Limits of Internal Party Autonomy

The defense had argued that the dispute was an internal party affair beyond the jurisdiction of the court. However, Justice Abdulmalik clarified that while courts generally avoid interfering in party politics, they have a mandatory duty to intervene when there is a documented breach of statutory provisions. She found that the exclusion of recognized state executives—who are statutory members of the National Executive Committee (NEC)—from the congress planning process constituted a significant procedural infraction. This ruling suggests that "internal autonomy" cannot be used as a shield for actions that deviate from prescribed democratic procedures or party bylaws.