The 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).
Delivering judgment on Wednesday, Justice Joyce Abdulmalik also barred former Senate President, David Mark, and other key figures in the party from interfering with the functions and tenure of duly elected state executives.
The ruling marks a significant development in the ongoing leadership crisis within the ADC, with potential implications for control of party structures ahead of future political activities.
The suit was filed by Norman Obinna and six others, representing ADC state chairpersons and executive committees nationwide. The plaintiffs challenged the legality of actions taken by an interim national leadership, particularly its move to organise state congresses through an appointed committee.
They argued that the caretaker body lacked constitutional authority to conduct congresses or set up any committee for that purpose, insisting that only duly elected party organs recognised by the party’s constitution have such powers.
In her judgment, Justice Abdulmalik held that the plaintiffs’ claims were valid and meritorious, especially in light of alleged breaches of constitutional and statutory provisions.
READ ALSO: Kwara Central Stakeholders Back Yahaya Seriki’s 2027 Governorship Bid
She identified the core issue as whether the defendants, including Mark, had the legal authority to assume the powers of elected state organs whose tenure is guaranteed under the party’s constitution.
Relying on Section 223 of the 1999 Constitution and Article 23 of the ADC Constitution, the court emphasised that political parties must adhere strictly to democratic principles and stipulated tenure limits for party officials.
While acknowledging that courts generally avoid meddling in internal party affairs, the judge clarified that judicial intervention is warranted where constitutional breaches are alleged.
“The law is settled that courts will not interfere. However, where there is an allegation of breach of constitutional or statutory provisions, the court has a duty to intervene,” she ruled.
Justice Abdulmalik found that the appointment of a “congress committee” by the caretaker leadership was not recognised under the ADC constitution and was therefore invalid.
Consequently, the court affirmed that the tenure of the state executive committees remains intact and must run its full course without interference. It further held that only duly elected party structures have the authority to organise state congresses.
In a series of orders, the court set aside the appointment of the congress committee and restrained INEC from recognising any congress conducted by it. It also barred Mark and other defendants from organising congresses or conventions outside constitutional provisions or taking actions that could undermine the authority of elected state executives.
The defendants in the case included the ADC, David Mark, Patricia Akwashiki, Malam Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor, and INEC.
They had argued that the matter was an internal party issue beyond the court’s jurisdiction, challenged the plaintiffs’ legal standing, and maintained that internal dispute resolution mechanisms were not exhausted.
However, the court dismissed these objections, reinforcing the principle that political parties must operate within the bounds of their constitutions and the law.
