A Federal High Court sitting in Abuja has issued an order restraining 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.
Background to the Case
The suit was initiated through an originating summons filed by Norman Obinna and six others, representing state chairpersons and executive committees of the party 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 such exercises or set up any committee for that purpose.
According to the plaintiffs, only duly elected party organs, as recognised by the party’s constitution, have the power to organise congresses. They therefore urged the court to affirm the tenure of state executive committees and restrain any parallel processes capable of undermining their authority.
Court’s Findings
In her judgment, Justice Abdulmalik held that the claims were valid and warranted judicial intervention, noting alleged breaches of constitutional and statutory provisions. She described the issues raised as “meritorious.”
The court framed the central question as whether the defendants, including Mark, had the legal authority to assume the powers of elected state organs whose tenure is protected under the party’s constitution.
Relying on Section 223 of the 1999 Constitution and relevant provisions of the ADC constitution, the judge emphasised that political parties must conduct their affairs in line with democratic principles and established rules governing tenure.
While acknowledging that courts are generally reluctant to interfere in internal party matters, she clarified that intervention becomes necessary where there is a clear violation of constitutional provisions.
“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.
Key Orders
The court found that the procedure adopted by the defendants—particularly the appointment of a “congress committee”—was not recognised by the ADC constitution and was therefore invalid.
Consequently, it ruled that:
- The tenure of state executive committees remains valid and must run its full course.
- Only elected party structures have the authority to organise state congresses.
- The appointment of the congress committee is nullified.
- INEC is restrained from recognising any congress conducted by the disputed caretaker leadership.
- Mark and other defendants are barred from organising congresses or conventions outside constitutional provisions.
- They are also prohibited from taking steps that could undermine the authority of state executives.
Parties Involved
The defendants in the suit include the ADC, David Mark, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor, and INEC.
Defence Arguments
The defendants opposed the suit, arguing that the dispute was purely an internal party matter and therefore not within the court’s jurisdiction. They also challenged the competence of the suit, contending that the plaintiffs lacked the legal standing to file it and had failed to exhaust internal dispute resolution mechanisms.
However, the court dismissed these objections, reaffirming its authority to adjudicate where constitutional breaches are alleged.
The judgment reinforces the principle that political parties must operate strictly within their constitutions and uphold internal democratic processes.