The Federal High Court in Abuja has restrained the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses organised by the disputed caretaker leadership of the African Democratic Congress (ADC).
In a ruling delivered by Justice Joyce Abdulmalik, the court also barred a faction led by former Senate President David Mark from interfering with the functions and tenure of the party’s elected state executive committees.
The decision followed a suit filed by Norman Obinna and six others on behalf of ADC state chairpersons, challenging the legality of the party’s interim national leadership. The plaintiffs argued that the caretaker leadership lacks constitutional authority to organise state congresses or appoint committees for that purpose.
Delivering judgment, Justice Abdulmalik held that the claims brought before the court were meritorious, noting that the key issue was whether the defendants had the legal backing to assume powers reserved for duly elected party structures.
The court referenced provisions of the 1999 Constitution and the ADC’s internal rules, stressing that political parties must operate within their constitutions and uphold democratic principles in leadership selection.
While acknowledging that courts typically avoid вмеш in internal party matters, the judge ruled that judicial intervention is warranted where there are alleged breaches of constitutional or statutory provisions.
The court further held that the tenure of existing state executive committees remains valid and must not be undermined by parallel structures. It set aside the appointment of any committee not recognised by the party’s constitution and barred the defendants from organising congresses outside constitutional provisions.
In addition, INEC was directed not to recognise any congresses conducted by the disputed leadership.
The defendants in the suit include the ADC, David Mark, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor, and INEC.
The ruling is seen as an effort to maintain the status quo within the party pending the final determination of the substantive case, while reinforcing the need for adherence to internal democratic processes.
