The Federal High Court in Abuja on Wednesday restrained the Independent National Electoral Commission from recognising or participating in any congress conducted by a disputed caretaker leadership of the African Democratic Congress (ADC).
Justice Joyce Abdulmalik, in a judgment, also barred former Senate President, David Mark, and other party stakeholders from interfering with the tenure and functions of duly elected state executive committees of the party.
The ruling deepens the leadership crisis within the ADC and effectively alters the balance of control over its structures ahead of future political activities.
The suit was instituted by Norman Obinna and six others, who approached the court on behalf of state chairmen and executive committees of the party.
The plaintiffs challenged the legality of actions taken by an interim national leadership, particularly its decision to set up committees to organise state congresses.
They argued that only constitutionally recognised organs of the party have the authority to conduct congresses or establish committees for such purposes.
They therefore urged the court to affirm the validity of elected state executives and halt any parallel arrangements capable of undermining their authority.
Delivering judgment, Justice Abdulmalik held that the issues raised were substantial and merited judicial intervention, particularly where allegations of constitutional breaches were involved.
The court considered whether the defendants, including David Mark and others, had any legal or constitutional basis to assume powers reserved for elected party organs.
Relying on section 223 of the 1999 Constitution and relevant provisions of the ADC constitution, the judge noted that political parties are required to operate on democratic principles and adhere strictly to their internal rules, including fixed tenure for office holders.
She queried the legality of the appointment of a “congress committee” by the caretaker leadership, describing it as inconsistent with the party’s constitution.
On the argument that the dispute was an internal party affair, the court held that while courts ordinarily avoid interfering in party matters, they are bound to intervene where violations of law or party constitutions are alleged.
“The court will not shy away where there is an allegation of breach of constitutional provisions,” she ruled, adding that such matters are clearly justiciable.
Justice Abdulmalik held that the elected state executive committees remain valid and must be allowed to complete their tenure without interference.
She further nullified the appointment of the congress committee and restrained INEC from recognising any congress organised by the said body.
The court also prohibited Mark and other defendants from organising congresses or conventions outside the provisions of the ADC constitution, warning that any such action would be unlawful.
It added that only duly elected structures of the party are empowered to conduct state congresses.
The plaintiffs had approached the court in a representative capacity on behalf of ADC state chairmen and executives nationwide.
The defendants in the suit include the ADC, David Mark, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor, and INEC.
While the plaintiffs insisted that the caretaker arrangement violated both the party’s constitution and the 1999 Constitution, the defendants argued that the matter was an internal party dispute and not subject to judicial review.
They also challenged the plaintiffs’ legal standing and claimed that internal dispute resolution mechanisms had not been exhausted before the suit was filed.
