The appellate court concurred that responsibility for conducting state congresses of political parties rests with elected state executive committees, not with the national leadership.

While 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.

He held that the trial court was wrong to have assumed jurisdiction to entertain the matter.

Meanwhile, the Court of Appeal judgment may jeopardise the presidential candidacies of former Vice President Atiku Abubakar and other candidates who emerged through the national congress organised by the Mark-led faction of the ADC, ahead of the 2027 general elections.

It will be recalled that 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.

Those behind the suit are Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr. Charles Idowu Omideji, Samuel Pam Gyang, and Obianyo Patrick, who told the court that they sued for themselves and on behalf of all State Chairmen and State Executive Committees of the African Democratic Congress (ADC).

Listed as defendants in the matter are the ADC; Sen. David Mark; Sen. Patricia Akwashiki; Mallam Bolaji Abdullahi; Ogbeni Rauf Aregbesola; and Prof. Oserheimen Osunbor (sued on behalf of the Caretaker/Interim National Working Committee); and INEC.

The plaintiffs had, among other things, challenged the decision of the Senator 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, arguing 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.

While agreeing with the plaintiffs, Justice Abdulmalik held that neither the 1999 Constitution, as amended, nor the Constitution of the ADC empowered the caretaker/interim National Working Committee led by Senator Mark to appoint committees for the purpose of conducting state congresses.

The court 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.

It held that Section 223 of the 1999 Constitution, as amended, mandates political parties to conduct periodic elections based on democratic principles, adding 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 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.

She held that evidence before the court established that the tenure of the state executive committees of the ADC remained valid and must be allowed to run its full course without interference.

The court stressed that only those elected structures have the authority to organise state congresses, and it accordingly nullified any process initiated by the Senator Mark-led caretaker leadership.

Earlier, the court dismissed a preliminary objection filed by the defendants challenging the competence of the suit and the court’s jurisdiction to entertain it.

It held that the subject matter of the plaintiffs’ action pertained to the affairs of INEC and therefore fell within the jurisdiction of the Federal High Court under Section 251 of the 1999 Constitution, as amended.

The court also waved aside the defendants’ contention that the plaintiffs failed to exhaust internal dispute resolution mechanisms before instituting the action.

It held that the plaintiffs had the requisite locus standi (legal right) to file the suit.

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.

Consequently, the panel dismissed the appeal marked CA/ABJ/CV/608/2026, which the ADC lodged in order to set aside the high court judgment.

It held that congresses and the national convention conducted by the Mark-led ADC amounted to a nullity as they were held in disobedience to a subsisting order that the high court made on April 14.

Having resolved the case against the ADC, the appellate court awarded a cost of N10million against the party.

Shortly after the judgment, the ADC, which was represented by its National Welfare Secretary, Mr. Nkem Ukandu, said the party would take the case before the Supreme Court.

INEC fixed 6pm on July 11, 2026, as the deadline for political parties to submit nomination forms for their presidential and National Assembly candidates through its online portal.

The exercise, which began on June 27, involved the submission of Forms EC9 and EC9A to EC9E in accordance with Section 29(1) of the Electoral Act, 2026.

The commission also scheduled the submission of nomination forms for governorship and state Houses of Assembly candidates to begin at 9am on July 18 and end at 6pm on August 8.

The PDP National Publicity Secretary, Mohammed Jungudo, confirmed that the party had completed the upload of its National Assembly candidates.

He also confirmed that the names of the presidential and vice-presidential candidates had been submitted but declined to officially identify the running mate.

“We have successfully completed the National Assembly uploads, and everything is going very well. We have concluded the National Assembly uploads. Nothing is left. We have also uploaded the presidential and vice-presidential candidates,” Jungudo said.

“As for the name of the vice-presidential candidate, if the information did not come from the national chairman or me, then it is not official.”

Jungudo said the party would focus next on completing the nomination of governorship and state Assembly candidates before setting up committees to coordinate its campaigns.

“Regarding our preparations, you can see that uploading candidates is one of the major steps in the process. Once we are done with the governorship and state Houses of Assembly, the next step is to await the official date for the commencement of campaigns,” he said.

“Between now and then, we are working on the various committees that will spearhead the campaigns.”

He expressed confidence that the party would perform strongly in the elections, insisting that ongoing legal disputes would not distract its leaders, candidates and supporters.

“We are very much prepared, and not even the legal issues constitute any impediment. Everything is going smoothly, and in no distant time, we will make public the various committees that will lead the campaign and take us to victory,” he added.

Jungudo urged the candidates to work closely with party leaders and stakeholders in their constituencies.

“Our candidates should tighten up. They should remember what the national leader said: nobody gives you power on a platter of gold; you have to fight for it.

“They have to sit up, do everything required of them and cooperate with all party leaders and stakeholders at every level.”

He said the PDP was targeting a majority of seats in the National Assembly and state legislatures, as well as governorship victories in at least two-thirds of the states.

“As for the presidential election, we are keeping our strategy close to our chest. However, I can tell you that our candidates are in high spirits, and I want them to maintain that spirit,” he said.

Addressing party leaders, the APC National Organising Secretary, Sulaiman Argungu, described the occasion as the formal presentation of the duly completed nomination forms of the party’s presidential and vice-presidential candidates.

Argungu said Tinubu had earlier emerged as the party’s presidential candidate through its primary election and urged members to remain united ahead of the 2027 poll.

Speaking on behalf of APC governors, Imo State Governor, Hope Uzodimma, reaffirmed their support for Tinubu and the party’s leadership.

“We are delighted that this event is coming after a well-organised and thoroughly supervised primary process. We reiterate our commitment to continue supporting President Tinubu and the party,” he said.

Uzodimma urged party members to close ranks behind all APC candidates, expressing confidence that the party would retain power in the next general election.

Receiving the nomination forms, APC National Chairman Yilwatda said the occasion reflected the confidence of party members in Tinubu’s leadership.

He cited the student loan scheme, infrastructure projects and agricultural interventions as some of the achievements of the administration, expressing confidence that the Tinubu-Shettima ticket would secure another term in office.

“We will all come out and mobilise across the six geopolitical zones. I am sure there will be healthy competition among the governors.

“One geopolitical zone has already told me they will deliver the highest number of votes for Mr President. I will be happy to see such competition among the governors as they mobilise their states so that we can see which state will return the highest number of votes for Mr President,” he stated.

Yilwatda added that the party would campaign on the administration’s record in office, saying Nigerians would reward Tinubu’s achievements with another mandate.

Speaking with journalists after the ceremony, APC National Publicity Secretary, Felix Morka, confirmed that the party had retained Tinubu and Shettima as its presidential and vice-presidential candidates.

“The presidential candidate of the party is President Bola Ahmed, the Commander-in-Chief of the Armed Forces of the Federal Republic of Nigeria, and our vice presidential candidate is the Vice President of the Federal Republic of Nigeria, Senator Kashim Shetima,” he stated.

With the submission of the nomination forms, the APC has formally retained the Tinubu-Shettima ticket for the 2027 presidential election, putting to rest months of speculation over the vice president’s place on the ballot.