A Federal High Court in Abuja on Wednesday stopped the Independent National Electoral Commission from lrecognising or taking part in any congress organised by the disputed caretaker leadership of the African Democratic Congress, following a suit filed by some party state chairmen and executives over the control of party structures.
Justice Joyce Abdulmalik gave the ruling while deciding a case brought by Norman Obinna and six others, who approached the court on behalf of ADC state chairpersons and executive committees across the country. They challenged moves by the party’s caretaker leadership to set up a congress committee and organise state congresses, arguing that such powers belong only to duly elected organs under the party’s constitution.
The court also barred former Senate President David Mark and other defendants in the suit from interfering with the tenure and functions of elected state executives.
The dispute grew from disagreement over the authority of the caretaker leadership and its decision to initiate congresses through an appointed committee. The plaintiffs argued that the arrangement was outside the party’s constitution and could create parallel structures within the party.
In her judgment, Justice Abdulmalik held that the matter was properly before the court because it involved questions about compliance with constitutional and statutory provisions. She ruled that although courts often avoid stepping into internal party matters, they can act when claims involve breaches of law or party rules.
The judge examined whether the defendants had the power to take over duties reserved for elected state organs whose tenure, according to the claimants, remains protected under the ADC constitution.
Relying on provisions of the 1999 Constitution and the ADC constitution, the court held that elected state officers remain in office for their lawful tenure and that the process adopted by the defendants in setting up a congress committee had no backing under the party’s rules.
The court found that only recognised elected structures of the party can organise state congresses, making invalid any congress process initiated by the caretaker leadership through the disputed committee.
As part of the orders made, the court set aside the appointment of the congress committee and restrained INEC from recognising congresses conducted under it. The court also stopped Mark and the other defendants from organising congresses or conventions outside procedures laid down by the party’s constitution.
They were further restrained from taking steps capable of disrupting or weakening the authority of the state executive committees.
The plaintiffs had asked the court to affirm the validity of their tenure and stop any process that could replace or undermine them through what they described as unconstitutional arrangements.
They argued that caretaker or interim national structures could not lawfully override elected party organs and maintained that bypassing existing structures threatened internal party democracy.
Among those listed as defendants in the suit are the ADC, David Mark, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor and INEC.
The defendants had opposed the suit, insisting the dispute was an internal party matter outside the court’s reach. They also questioned the plaintiffs’ right to bring the action and argued that internal dispute channels were not exhausted before going to court.
But the court rejected those objections and ruled in favour of the plaintiffs.
The judgment is expected to affect the ongoing leadership struggle within the ADC, especially as rival camps battle over control of party structures ahead of future political activities.
With the ruling, the elected state executives remain in place, while any congress organised by the disputed caretaker leadership cannot receive recognition from INEC unless conducted in line with the party’s constitution.