Court Stops INEC from Recognising ADC Caretaker Congresses Amid Leadership Crisis
A Federal High Court sitting 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).
Delivering judgment on Wednesday, Justice Joyce Abdulmalik barred former Senate President David Mark and other party figures from interfering with the functions and tenure of duly elected state executives.
The ruling marks a major development in the ADC’s ongoing leadership crisis, with potential implications for control of party structures ahead of future political activities.
The suit was filed by Norman Obinna and six others representing state chairpersons and executive committees. They challenged the legality of actions taken by an interim national leadership, particularly its move to organise state congresses through an appointed committee.
The plaintiffs argued that the caretaker body lacked constitutional authority to conduct congresses or establish committees for that purpose, insisting that only duly elected organs recognised under the party’s constitution could oversee such processes.
In her ruling, Justice Abdulmalik upheld the plaintiffs’ claims, noting that the issues raised warranted judicial intervention, especially where constitutional and statutory provisions were allegedly breached.
She framed the key question as whether the defendants—including Mark—had the authority to assume powers belonging to elected state organs whose tenure is protected by the party’s constitution.
The court relied on Section 223 of the 1999 Constitution, which mandates democratic governance within political parties, alongside provisions of the ADC constitution that define tenure limits for party officials.
Although acknowledging that courts typically avoid вмешering in internal party matters, Justice Abdulmalik stressed that intervention becomes necessary where constitutional violations are evident.
She ruled that the procedure adopted by the defendants, including the appointment of a “congress committee,” was not recognised under the ADC constitution and was therefore invalid.
Consequently, the court affirmed the tenure of state executive committees and declared that only elected party structures have the authority to organise congresses.
The court set aside the appointment of the congress committee, restrained INEC from recognising any congress conducted under it, and barred Mark and other defendants from organising congresses or conventions outside constitutional provisions or taking actions capable of undermining state executives.
Other defendants in the suit include the ADC, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor, and INEC.
While the plaintiffs maintained that the tenure of state executives remains valid until properly conducted congresses are held, the defendants argued that the dispute was an internal party matter, questioned the plaintiffs’ legal standing, and claimed that internal dispute resolution mechanisms were not exhausted before approaching the court.
