The African Democratic Congress (ADC) finds itself at a pivotal moment following a landmark judgment delivered by the Federal High Court in Abuja on April 29, 2026. Justice Joyce Abdulmalik’s decision in Suit No. FHC/ABJ/CS/581/2026 has delivered a major setback to the party’s caretaker national leadership, compelling urgent internal reforms to resolve the protracted leadership crisis.
The ruling, which was the result of a suit filed by Don Norman Obinna and other State Chairmen on behalf of all ADC State Executive Committees, explicitly restrains the Independent National Electoral Commission (INEC) from recognising or participating in state congresses organized by committees appointed by the David Mark-led caretaker leadership. The court affirmed that only the existing State Executive Committees have the authority to conduct state congresses, and recognized the four-year tenure of the current State Working and Executive Committees as valid and subsisting until properly conducted congresses and a national convention are held.
Significantly, the judgment found that neither the 1999 Constitution of Nigeria nor the ADC constitution empowers the caretaker/interim National Working Committee led by Senator David Mark to appoint committees for state congresses or to interfere with state structures. This legal victory for State Chairmen has thrown the national caretaker committee’s authority into further doubt and left the party in a state of national leadership vacuum, with INEC withholding recognition from all factions pending the outcome of related Supreme Court proceedings (SC/CV/180/2026).
In response to the judgment, an urgent memorandum circulated by the party’s Independent Legal Advisor has advised ADC leaders and members to shift focus from litigation to internal political resolution. The memo, addressed to Senator David Mark, Ogbeni Rauf Aregbesola, all members of the National Executive Committee (NEC), State Chairmen, and the wider party, outlines immediate steps for restoring unity and lawful order within the party.
The advisory calls for:
- Mobilization of NEC under Article 13 of the party constitution, with two-thirds of non-resigned NEC members—primarily State Chairmen—urged to convene an emergency NEC meeting.
- Strict compliance with Section 82 of the Electoral Act, mandating at least 21 days’ notice to INEC for any leadership meeting.
- Respect for Article 17.4 of the ADC constitution and the Federal High Court’s judgment, including filling any national vacancies via proper NEC processes and full protection of state executives’ tenure.
The memo also appeals directly to Mr. Peter Obi, the party’s recent high-profile member, to leverage his influence in supporting State Chairmen to mobilize the required two-thirds of NEC members, thereby fostering much-needed unity at a critical juncture.
Immediate recommendations include suspending further factional actions that contravene the new court ruling, commencing consultations among State Chairmen to secure the two-thirds threshold, focusing on party unity and preparations for the 2027 elections, and starting constitutional amendments for clearer caretaker provisions.
The legal advisor emphasizes that today’s judgment reinforces the primacy of internal democracy and constitutional processes, warning against unilateral or factional steps that could deepen the crisis. The party’s legal team remains on standby to assist with drafting requests and notices as the ADC navigates this decisive period.
As the ADC weighs next steps, political observers note that how the party resolves its internal crisis could have lasting ramifications for Nigeria’s broader opposition landscape ahead of the 2027 general elections.
