The Federal High Court in Abuja on Wednesday barred the Independent National Electoral Commission from recognising or taking part in any congress conducted by a contested caretaker leadership of the African Democratic Congress.
In a judgment delivered by Justice Joyce Abdulmalik, the court also restrained a former Senate President, David Mark, alongside other key figures in the party, from interfering with the tenure and responsibilities of duly elected state executives.
The ruling marks a significant turn in the lingering leadership tussle within the ADC, with potential consequences for control of party structures ahead of future political activities.
The suit was initiated by Norman Obinna and six others, representing state chairmen and executive committees of the party, through an originating summons challenging the legality of actions taken by an interim national leadership.
The plaintiffs faulted the move to constitute a committee to organise state congresses, arguing that the caretaker body lacked the constitutional backing to undertake such actions or appoint any organ for that purpose.
They maintained that only properly elected party organs, as stipulated in the party’s constitution, possess the authority to conduct congresses, urging the court to uphold the tenure of state executives and halt any parallel arrangements.
In her ruling, Justice Abdulmalik affirmed that the issues raised were valid and warranted judicial intervention, particularly in light of alleged breaches of constitutional and statutory provisions.
Describing the claims as “meritorious,” the judge examined whether the defendants, including Mark, had the legal authority to assume the powers of elected state organs whose tenure is guaranteed by the party’s constitution.
She relied on provisions of the 1999 Constitution and the ADC constitution, which mandate periodic elections and define the tenure of party officials.
Addressing the defence that the matter was purely internal and outside the court’s jurisdiction, the judge acknowledged the general principle but stressed that the court could intervene where there is evidence of constitutional violations.
She held that political parties must strictly adhere to their constitutions, noting that any deviation, especially in leadership processes, cannot be justified as internal affairs.
The court found that the method adopted by the defendants, including the creation of a “congress committee,” was not recognised under the ADC constitution and was therefore invalid.
Consequently, Justice Abdulmalik upheld the tenure of the state executive committees, ruling that they must be allowed to complete their term without interference.
She further declared that only elected party structures have the authority to conduct state 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 organised by it.
The court also barred Mark and other defendants from conducting congresses or conventions outside the provisions of the party’s constitution, as well as from taking actions capable of undermining the authority of the state executives.
The defendants in the suit include the ADC, David Mark, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor, and INEC.
While the plaintiffs argued that the tenure of state executives remains valid until properly conducted congresses are held, the defendants countered that the matter was an internal party issue, challenged the competence of the suit, and claimed that internal dispute resolution mechanisms were not exhausted before approaching the court.