The Federal High Court in Abuja has restrained the Independent National Electoral Commission (INEC) from recognising or participating in any congress organised by the disputed caretaker leadership of the African Democratic Congress (ADC), in a ruling that further deepens the party’s internal crisis.
Justice Joyce Abdulmalik, in her judgment on Wednesday, also stopped former Senate President David Mark and other leaders of the caretaker arrangement from taking any actions capable of interfering with the tenure and functions of duly elected state executive committees of the party.
The decision followed a suit filed by Norman Obinna and six others, who sued on behalf of ADC state chairmen and executive committees nationwide, challenging the legality of the caretaker leadership’s actions.
The plaintiffs had asked the court to determine whether the caretaker or interim national leadership had the constitutional authority to set up committees for the purpose of conducting state congresses, arguing that such powers rest solely with elected party structures.
They contended that the creation of a “congress committee” by the caretaker leadership was not provided for in the ADC constitution and therefore amounted to a breach of internal party rules.
Delivering judgment, Justice Abdulmalik held that the issues raised were valid for determination, particularly where allegations of constitutional and statutory violations were involved.
She ruled that the defendants, including David Mark and others named in the suit, had no legal backing under the ADC constitution to assume the powers of elected state organs whose tenure remains protected.
The judge relied on Section 223 of the 1999 Constitution, which requires political parties to operate on democratic principles, and provisions of the ADC constitution which fix tenure limits for party officials.
She noted that while courts generally avoid interference in internal party affairs, judicial intervention becomes necessary where there is a clear allegation of breach of constitutional provisions.
“The court will not interfere in internal affairs of a political party except where there is an allegation of violation of constitutional or statutory provisions,” she held.
Justice Abdulmalik further declared that the appointment of a congress committee by the caretaker leadership was unconstitutional and invalid.
Accordingly, she affirmed that the tenure of existing state executive committees remains valid and must be allowed to run its full course without interference from any parallel structure.
The court also set aside the formation of the congress committee and restrained INEC from recognising any congress conducted under its authority.
In addition, it barred David Mark and other defendants from organising congresses or conventions outside the procedures outlined in the party’s constitution, warning that such actions would undermine internal democracy within the ADC.
The suit was instituted against the ADC, David Mark, Patricia Akwashiki, Malam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Oserheimen Osunbor, and INEC.
The plaintiffs argued that the caretaker leadership’s actions violated both the party’s constitution and the 1999 Constitution, insisting that only duly elected state executives have the mandate to remain in office until valid congresses are conducted.
They urged the court to restrain INEC from recognising any congress that does not comply with constitutional procedures, describing such actions as a threat to party stability and democratic governance.
However, the defendants opposed the suit, arguing that it concerned internal party matters and therefore fell outside the jurisdiction of the court.
They also challenged the plaintiffs’ standing to institute the case and claimed that internal dispute resolution mechanisms had not been exhausted.
With the ruling, the court effectively preserved the existing state leadership structure within the ADC while halting any parallel congress process initiated by the caretaker leadership.