A Federal High Court in Abuja has restrained the Independent National Electoral Commission (INEC) from recognising or participating in any congress organised by a disputed caretaker leadership of the African Democratic Congress (ADC).
In a judgment delivered on Wednesday, Justice Joyce Abdulmalik also barred former Senate President David Mark and other party figures from interfering with the functions and tenure of duly elected state executives.
The ruling marks a significant development in the ADC’s ongoing leadership crisis, with potential implications for control of party structures ahead of future political activities.
The case was filed by Norman Obinna and six others representing state chairpersons and executive committees of the party. They challenged the legality of actions taken by an interim national leadership, particularly its move to organise state congresses through an appointed committee.
The plaintiffs argued that the caretaker body lacked constitutional authority to conduct congresses or set up committees for that purpose, maintaining that only duly elected organs recognised by the party’s constitution can organise such processes.
In her ruling, Justice Abdulmalik held that the claims raised valid constitutional concerns requiring judicial intervention, especially where statutory provisions may have been breached.
Relying on Section 223 of the 1999 Constitution, which mandates internal democracy in political parties, as well as relevant provisions of the ADC constitution, the court emphasised that party officials’ tenure must be respected.
Although the defence argued the matter was purely internal, the court noted that it could intervene where there is evidence of constitutional violations.
The judge ruled that the procedure adopted by the defendants, including the appointment of a “congress committee,” was not recognised under the ADC constitution and was therefore invalid.
Consequently, the court affirmed the tenure of the state executive committees and ruled that only elected party structures have the authority to organise congresses.
It also set aside the appointment of the congress committee and restrained INEC from recognising any congress conducted under it. Additionally, David Mark and other defendants were barred from organising congresses or conventions outside the provisions of the party’s constitution or taking actions capable of undermining the state executives.
Other defendants in the suit include the ADC, Patricia Akwashiki, Malam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Oserheimen Osunbor, and INEC.
While the plaintiffs maintained that the tenure of state executives remains valid until properly conducted congresses are held, the defendants insisted the dispute was an internal party matter and questioned the plaintiffs’ legal standing, arguing that internal dispute resolution mechanisms were not exhausted before approaching the court.