The Federal High Court in Abuja has restrained the Independent National Electoral Commission from recognising or participating in any congress organised by a disputed caretaker leadership of the African Democratic Congress.
In a judgment delivered on Wednesday, Justice Joyce Abdulmalik also barred former Senate President, David Mark, and other party leaders from interfering with the functions and tenure of elected state executives.
The ruling marks a significant development in the protracted leadership crisis within the ADC, with implications for control of party structures ahead of future political activities.
Case Background
The suit was filed by Norman Obinna and six others on behalf of state chairpersons and executive committees of the party.
The plaintiffs challenged the legality of actions taken by an interim national leadership, particularly its move to organise state congresses through an appointed committee, arguing that such a body lacked constitutional backing.
They maintained that only duly elected organs recognised under the party’s constitution have the authority to conduct congresses and sought protection of the tenure of state executives.
Court’s Position
Justice Abdulmalik held that the claims were valid and warranted judicial intervention, noting that the case raised issues of alleged breaches of constitutional and statutory provisions.
Relying on provisions of the 1999 Constitution and the ADC constitution, the court ruled that political parties must adhere strictly to their internal rules, especially in matters of leadership and tenure.
She clarified that while courts are generally reluctant to interfere in internal party affairs, they will step in where there is evidence of constitutional violations.
Key Orders
The court declared that the procedure adopted by the defendants, including the appointment of a congress committee, was not recognised by the ADC constitution and therefore invalid.
It consequently:
- Set aside the appointment of the congress committee
- Restrained INEC from recognising any congress organised by the committee
- Barred Mark and other defendants from organising congresses outside constitutional provisions
- Prohibited any actions capable of undermining elected state executives
The court affirmed that the tenure of state executive committees remains valid and must run its full course.
Arguments and Defence
The plaintiffs argued that bypassing elected structures undermines internal democracy and violates both the party’s constitution and national law.
However, the defendants, including Mark and other party leaders, opposed the suit, contending that the matter was purely internal and not subject to judicial review.
They also challenged the competence of the suit, questioning the plaintiffs’ standing and arguing that internal dispute resolution mechanisms were not exhausted.
Implications
The judgment further deepens the leadership tussle within the ADC, as parallel claims to authority continue to shape the party’s internal dynamics ahead of the 2027 general elections.
