The Federal High Court in Abuja has stopped the Independent National Electoral Commission from recognising or participating in any state congresses conducted by a disputed interim leadership of the African Democratic Congress.
The court also restrained former Senate President David Mark and other party leaders from interfering with the roles and tenure of elected state executives, stating that such powers rest with existing state executive committees.
The decision followed a suit filed by Norman Obinna and others representing ADC state chairmen and executive committees across the country.
The plaintiffs challenged the legality of a caretaker national leadership, arguing that it had no constitutional authority to organise state congresses or create committees for that purpose.
They asked the court to affirm the legitimacy of the current state executives and stop any parallel arrangements being carried out by the disputed leadership.
Justice Joyce Abdulmalik held that the claims had merit and focused on whether the defendants had lawful authority to take over the functions of elected state party structures.
The court referred to constitutional provisions requiring political parties to operate democratically and noted that party officials are bound by fixed tenure limits under the ADC constitution.
The judge also examined the creation of a “congress committee” by the defendants and found that such a structure was not recognised by the party’s constitution.
While acknowledging that courts generally avoid interfering in internal party affairs, the judge stressed that intervention is necessary where there is an alleged breach of constitutional or legal provisions.
She ruled that the tenure of elected state executive committees remains valid and must be respected until properly concluded under the party’s rules.
The court therefore set aside the actions of the caretaker leadership and barred INEC from recognising any congresses organised under that arrangement.
It further restrained David Mark and others from organising or supervising congresses or conventions outside the framework of the party’s constitution.
The judge dismissed preliminary objections from the defendants, holding that the matter falls within the jurisdiction of the Federal High Court due to its connection with electoral and regulatory issues involving INEC.
She also held that the plaintiffs had the legal standing to bring the case, as they were directly affected by the alleged actions of the defendants.
The court concluded by resolving all issues in favour of the plaintiffs, affirming the authority of elected state executives and rejecting the validity of the disputed caretaker arrangements.
