By Joy Yesufu and Kamsi Anayo
The Federal High Court 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 tenure and functions of duly elected state executive committees.
The ruling marks a significant twist in the protracted leadership crisis rocking 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 ADC state chairmen and executive committees nationwide, challenging the legality of actions taken by an interim national leadership, including the planned conduct of state congresses through an appointed committee.
The plaintiffs argued that the caretaker body lacked constitutional authority to organise congresses or appoint committees for that purpose, insisting that only duly elected organs recognised under the party’s constitution possess such powers.
Delivering judgment, Justice Abdulmalik held that the claims were “meritorious,” framing the central issue as whether the defendants had the legal authority to assume the powers of elected party structures.
She relied on Section 223 of the 1999 Constitution and relevant provisions of the ADC constitution, which mandate democratic governance within political parties and guarantee the tenure of elected officials.
On the defendants’ argument that the matter was an internal party affair beyond judicial intervention, the court acknowledged the general principle but clarified that it does not apply where constitutional breaches are alleged.
“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,” the judge ruled.
The court found that the appointment of a “congress committee” by the caretaker leadership was not recognised under the ADC constitution and therefore invalid.
Consequently, Justice Abdulmalik affirmed the tenure of the state executive committees and held that only duly elected party structures can organise congresses.
In a series of orders, the court set aside the appointment of the congress committee, restrained INEC from recognising any congress conducted by it, and barred Mark and other defendants from organising parallel congresses or conventions outside constitutional provisions.
They were further restrained from taking any action capable of undermining the authority of the state executives.
The defendants in the suit include the ADC, David Mark, Patricia Akwashiki, Malam Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor, and INEC.
While the plaintiffs maintained that any attempt to bypass elected structures undermines internal democracy and the rule of law, the defendants had urged the court to dismiss the suit, arguing that it was non-justiciable, that the plaintiffs lacked locus standi, and that internal dispute resolution mechanisms were not exhausted.
The ruling is expected to reshape the internal dynamics of the ADC as the party grapples with leadership disputes ahead of the next electoral cycle.
