The Federal High Court sitting 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 elected state executive committees.
The ruling marks a significant development in the ongoing leadership crisis within the ADC, with implications for control of party structures ahead of future political activities.
The suit was instituted by Norman Obinna and six others on behalf of state chairpersons and executive committees of the party, challenging the legality of actions taken by an interim national leadership.
The plaintiffs argued that the caretaker body lacked constitutional authority to organise state congresses or appoint committees for that purpose, insisting that only duly elected party organs recognised under the party’s constitution possess such powers.
They therefore sought the court’s protection to affirm the tenure of the state executive committees and restrain parallel structures from undermining their authority.
Delivering judgment, Justice Abdulmalik held that the claims were valid and warranted judicial intervention, particularly in light of alleged breaches of constitutional and statutory provisions.
She described the issues raised in the originating summons as “meritorious,” framing the core question as whether the defendants had the legal authority to assume the powers of elected state organs.
The judge relied on Section 223 of the 1999 Constitution, which mandates political parties to operate on democratic principles, as well as provisions of the ADC constitution governing tenure of party officials.
While acknowledging that courts are generally reluctant to interfere in internal party affairs, she held that intervention becomes necessary where there is evidence of constitutional violations.
“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 defendants was not recognised under the ADC constitution and was therefore invalid.
She consequently affirmed that the tenure of the state executive committees remains valid and must run its full course without interference.
The court further held that only duly elected party structures have the authority to organise congresses, effectively nullifying any process initiated by the caretaker leadership.
In its orders, the court set aside the appointment of the congress committee and restrained INEC from recognising any congress conducted by it.
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It also barred David Mark and other defendants from organising congresses or conventions outside the provisions of the party’s constitution, or taking actions capable of undermining the authority of the state executives.
The defendants in the suit include the ADC, David Mark, Patricia Akwashiki, Malam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Oserheimen Osunbor, and INEC.
The ruling is expected to shape the trajectory of the party’s internal leadership contest and its preparations for future political engagements.
