A fresh legal setback has hit the African Democratic Congress (ADC) following today’s judgment by the Federal High Court in Abuja, which significantly weakens the authority of the Senator David Mark-led National Caretaker Committee and reinforces the legitimacy of existing state party structures.
In a memorandum dated April 29, 2026, addressed to Senator David Mark, Ogbeni Rauf Aregbesola, members of the National Executive Committee (NEC), all 36 State Chairmen, the FCT Chairman, and ADC members nationwide, an Independent Legal Advisor described the judgment as a “major development” requiring immediate internal resolution.
Justice Joyce Abdulmalik of the Federal High Court, Abuja, in Suit No. FHC/ABJ/CS/581/2026, filed by Don Norman Obinna and other State Chairmen, ruled that the Independent National Electoral Commission (INEC) must not recognize or participate in any state congresses organized by committees appointed by the David Mark-led caretaker leadership.
The court further held that only the existing State Executive Committees are constitutionally empowered to conduct state congresses, while affirming that the four-year tenure of the current State Working Committees and State Executive Committees remains valid until properly conducted congresses and a national convention are held.
The judgment also declared that the caretaker/interim National Working Committee led by Senator David Mark lacks constitutional authority under both the 1999 Constitution and the ADC Constitution to appoint committees for state congresses or interfere with state party structures.
According to the memo, this ruling represents a significant victory for State Chairmen and further limits the operational powers of the national caretaker committee.
The legal advisory also noted that the ADC remains in a national leadership vacuum in the eyes of INEC, which continues to withhold recognition from all factions pending final judicial resolution. It added that the Mark faction’s recent statewide congresses and the national convention of April 14, 2026, are now on even weaker legal footing, while the Supreme Court has reserved judgment in the related appeal, SC/CV/180/2026.
The memorandum urged party leaders to shift attention from prolonged litigation to urgent internal reconciliation and constitutional compliance.
It recommended the immediate mobilization of NEC under Article 13, requiring two-thirds of non-resigned NEC members—especially State Chairmen—to summon an emergency meeting. It also stressed compliance with Section 82 of the Electoral Act by ensuring at least 21 days’ written notice to INEC for any leadership-related meeting.
Additionally, the memo called for strict adherence to Article 17.4 of the ADC Constitution and today’s court ruling by filling any national vacancy through proper NEC procedure and respecting the legal protection granted to existing state executives.
A special appeal was also directed to Peter Obi, urging him to use his growing influence within the party to support State Chairmen in mobilizing the required two-thirds NEC threshold for an urgent meeting aimed at restoring unity.
The memo advised the immediate suspension of all factional activities that conflict with the court judgment, while calling on State Chairmen to begin consultations without delay. It also emphasized party unity, membership expansion, preparations for the 2027 general elections, and constitutional amendments to provide clearer caretaker provisions in the future.
“The ADC belongs to its members. Today’s judgment reinforces the need for lawful, internal solutions over unilateral or factional steps,” the memo stated.
Observers believe the latest court decision may become a turning point in the ongoing ADC leadership crisis, as pressure mounts on all factions to embrace dialogue over division.
