A Federal High Court in Abuja has restrained the Independent National Electoral Commission (INEC) from recognizing or taking part in any congress organised by the disputed caretaker leadership of the African Democratic Congress (ADC).
Delivering judgment on Wednesday, Justice Joyce Abdulmalik also barred former Senate President David Mark and other party figures from interfering with the duties and tenure of duly elected state executives.
The ruling adds a fresh dimension to the lingering leadership crisis rocking the ADC, with potential consequences for control of party structures ahead of future political activities.
The suit was filed by Norman Obinna and six others on behalf of ADC state chairmen and executive committees across the country. They challenged the legality of moves by the interim national leadership, especially plans to conduct state congresses through an appointed committee.
According to the plaintiffs, the caretaker leadership lacked constitutional powers to organize congresses or create committees for such purposes, insisting that only properly elected organs recognized under the party’s constitution could perform those duties.
They asked the court to uphold the tenure of the current state executives and stop any parallel arrangement aimed at weakening their authority.
In her decision, Justice Abdulmalik held that the case had merit and raised important constitutional issues. She said the key question was whether the defendants had legal authority to assume the powers of elected party organs whose tenure is protected under the ADC constitution.
Citing provisions of the 1999 Constitution and the ADC constitution, the judge stressed that political parties must be guided by democratic principles and strictly follow their internal rules, particularly on leadership and tenure.
Although the defense argued that the dispute was an internal party matter outside the court’s jurisdiction, the judge noted that courts can intervene where there are clear allegations of constitutional or statutory violations.
She further ruled that the process adopted by the defendants, including the appointment of a congress committee, was not recognized by the ADC constitution and was therefore invalid.
Consequently, the court affirmed that the tenure of the state executive committees remains valid and must run its full course without interference. It also ruled that only elected party structures have the authority to organize state congresses.
The court therefore nullified the appointment of the congress committee, restrained INEC from recognizing any congress conducted by it, and barred the defendants from organizing congresses or conventions outside the party constitution or taking actions capable of undermining the state executives.
The objections raised by the defendants, including claims that the plaintiffs lacked legal standing, were dismissed by the court.
