A Federal High Court in Abuja has restrained the Independent National Electoral Commission (INEC) from recognising or participating in any congress organised by a disputed leadership faction of the African Democratic Congress (ADC).
Delivering judgment, Justice Joyce Abdulmalik also barred former Senate President David Mark and other party figures from interfering with the functions and tenure of duly elected state executive committees of the party.
The ruling followed an originating summons filed by Norman Obinna and six others, who sued on behalf of ADC state chairpersons and executive committees. The plaintiffs challenged the legality of actions taken by an alleged interim or caretaker national leadership, arguing that it lacked constitutional authority to organise congresses or appoint committees.
The suit named the Independent National Electoral Commission, the ADC, and several political figures, including David Mark, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, and Oserheimen Osunbor.
In her judgment, Justice Abdulmalik held that the issues raised were meritorious, stressing that political parties must comply strictly with their constitutions and relevant constitutional provisions.
She referenced Section 223 of the 1999 Constitution, which requires political parties to conduct periodic democratic elections, as well as provisions of the ADC constitution limiting tenure of party officers to a maximum of two terms.
The judge ruled that the appointment of a “congress committee” by the disputed leadership was not recognised under the party’s constitution, and therefore invalid. She further held that only duly elected state executive committees have the authority to organise state congresses.
“The court is bound to intervene where there is an allegation of breach of constitutional or statutory provisions,” she ruled, rejecting arguments that the matter was purely an internal party affair.
Justice Abdulmalik also dismissed preliminary objections raised by the defendants, including claims that the court lacked jurisdiction and that the plaintiffs had no legal standing. She held that the plaintiffs had sufficient locus standi due to their direct grievance over alleged constitutional violations.
Consequently, the court set aside the appointment of the disputed congress committee and restrained INEC from recognising any congress organised by it. It also barred the defendants from taking steps that could undermine or disrupt the authority of existing state executive structures.
The judge maintained that the tenure of the current state executive committees remains valid and must be allowed to run its constitutional course.
The ruling is expected to intensify internal tensions within the ADC as the party navigates leadership disputes ahead of future political activities.
