Banner Online News

The Federal High Court in Abuja on Wednesday 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 by Justice Joyce Abdulmalik, the court 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 ongoing leadership crisis within the African Democratic Congress, with implications for control of party structures ahead of future political activities.

The suit was instituted 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 appoint any committee for that purpose, insisting that only duly elected organs recognised under the party’s constitution possess such powers.

Delivering judgment, Justice Abdulmalik held that the claims were meritorious and raised valid constitutional questions. She framed the central 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 held that political parties must conduct periodic elections based on democratic principles and within prescribed procedures.

The judge ruled that although courts generally refrain from interfering in internal party affairs, they are empowered to act where there is an alleged breach of constitutional or statutory provisions.

She declared that the procedure adopted by the defendants, including the appointment of a “congress committee,” was not recognised by the ADC constitution and was therefore invalid.

Consequently, the court affirmed the tenure of the state executive committees and ruled that only duly elected structures have the authority to organise state congresses.

In its 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 the provisions of the party’s constitution, as well as from taking any steps capable of undermining the authority of state executives.

Other defendants in the suit include Patricia Akwashiki, Bolaji Abdullahi , Rauf Aregbesola, Oserheimen Osunbor, the ADC, and INEC.

The plaintiffs had urged the court to restrain INEC from recognising any congress conducted under a caretaker arrangement, maintaining that the tenure of state executives subsists until valid congresses are conducted in line with constitutional provisions.

However, the defendants opposed the suit, arguing that the matter was an internal party affair beyond the court’s jurisdiction. They also challenged the competence of the suit, contending that the plaintiffs lacked the legal standing to institute the action and failed to exhaust internal dispute resolution mechanisms.

The court, however, dismissed these objections, holding that allegations of constitutional breaches warranted judicial intervention.