By Ogungbayi Adeyemi S. | adeyemi@ddnewsonline.com
Editor, DDNews |
The Federal High Court in Abuja has restrained the Independent National Electoral Commission (INEC) from recognising or participating in any congress organised by the disputed caretaker leadership of the African Democratic Congress (ADC).
In a judgment delivered on Wednesday, Justice Joyce Abdulmalik also barred former Senate President, Senator David Mark, and other key figures in the party from interfering with the functions and tenure of the elected state executive committees.
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The ruling marks another major development in the lingering leadership crisis within the ADC, with possible implications for the party’s structure ahead of the 2027 general elections.
The suit, marked FHC/ABJ/CS/2637/2025, was filed by Norman Obinna and six others, representing ADC state chairpersons and executive committees across the country.
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The plaintiffs challenged the legality of actions taken by the party’s caretaker or interim national leadership, particularly plans to organise state congresses through an appointed committee.
According to the plaintiffs, the caretaker body lacks the constitutional authority to organise such congresses or appoint any committee for that purpose. They argued that only duly elected party organs recognised under the ADC constitution have the power to conduct congresses.
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They therefore sought declaratory orders affirming the tenure of the state executive committees and restraining any parallel process capable of undermining their authority.
Delivering judgment, Justice Abdulmalik held that the claims before the court were valid, especially in light of the alleged breaches of constitutional and statutory provisions.
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The judge identified the central issue as whether the second to sixth defendants, including Senator David Mark, had the constitutional or statutory authority to assume the powers of elected state organs of the ADC, whose tenure is protected under the party’s constitution.
Relying on Section 223 of the 1999 Constitution (as amended), which mandates political parties to conduct periodic elections based on democratic principles, as well as Article 23 of the ADC Constitution, which states that national and state officers shall hold office for a maximum of two terms of eight years, the court ruled that the process adopted by the defendants including the appointment of a “congress committee” was not recognised by the ADC constitution and was therefore invalid.
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Addressing the defendants’ argument that the matter was purely an internal affair of the party and outside the court’s jurisdiction, Justice Abdulmalik acknowledged the established legal position but clarified that such protection has limits.
“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,” she ruled.
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“Where a party alleges that its constitution has been violated, the court is bound to adjudicate. Any argument that this court lacks jurisdiction on that basis fails,” she added.
Justice Abdulmalik further stressed that political parties must operate strictly within the provisions of their constitutions, noting that any deviation from laid-down procedures, especially in leadership and congress matters, cannot be justified under the guise of internal autonomy.
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Consequently, the court held that the tenure of the state executive committees remains valid and must be allowed to run its full course without interference.
The court also ruled that only the elected structures of the party have the authority to organise state congresses, effectively nullifying any process initiated by the caretaker leadership.
In a series of far-reaching orders, the court set aside the appointment of the congress committee and restrained INEC from recognising any congress organised by it.
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Justice Abdulmalik also restrained Senator David Mark and the other defendants from organising congresses or conventions outside the provisions of the ADC constitution. They were further barred from taking any steps capable of undermining or disrupting the authority of the state executive committees.
The plaintiffs had argued that under both the ADC constitution and the 1999 Constitution, the tenure of state executive committees remains valid until fresh congresses are conducted in line with laid-down procedures.
They also warned that unless restrained by the court, INEC could unlawfully allow the affected parties to participate in the 2027 general elections, thereby “clogging the ballot papers, overstretching administrative resources and misleading voters.”
The defendants in the suit include the ADC, Senator David Mark, Patricia Akwashiki, Malam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Oserheimen Osunbor, and INEC.
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By Ogungbayi Adeyemi S. (Beedee)
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