ABUJA: The Federal High Court in Abuja has barred the Independent National Electoral Commission (INEC) from recognising or participating in any congress organised by a disputed caretaker leadership of the African Democratic Congress (ADC).
In a judgement delivered on Wednesday, Justice Joyce Abdulmalik also restrained former Senate President David Mark and other party figures from interfering with the functions and tenure of duly elected state executives.
The ruling comes as the Supreme Court of Nigeria prepares to deliver a crucial judgement on the party’s lingering leadership crisis, following an appeal filed by the faction led by Mr Mark.
Justice Abdulmalik, ruling on a suit filed by Norman Obinna and six others representing ADC state chairpersons and executive committees, held that the claims against the caretaker leadership were “meritorious.”
She said the key issue was whether Mr Mark and other defendants had the constitutional authority to assume the powers of elected state party organs.
Citing Section 223 of the 1999 Constitution and provisions of the ADC constitution, the judge emphasised that political parties must conduct periodic elections and that party officers have constitutionally guaranteed tenures.
The court ruled that:
- The tenure of ADC state executive committees remains valid and must not be truncated.
- Only elected party structures have the authority to organise state congresses.
- The appointment of a “congress committee” by the caretaker leadership is not recognised under the party’s constitution.
Consequently, the court:
- Set aside the caretaker committee’s actions.
- Restrained INEC from recognising any congress organised by the disputed body.
- Barred Mr Mark and other defendants from organising congresses or conventions outside constitutional provisions.
- Prohibited actions that could undermine state executive committees.
Addressing objections raised by the defendants, Justice Abdulmalik clarified that while courts generally avoid вмешение in internal party matters, they are obligated to act when constitutional breaches are alleged.
She affirmed that the Federal High Court has jurisdiction, particularly as the case involves INEC’s role, and dismissed arguments that the plaintiffs lacked the legal standing to sue.
The defendants in the suit include the ADC, Mr Mark, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor, and INEC.
Although the Federal High Court has now ruled, the final resolution of the ADC leadership crisis is expected to come from the Supreme Court, whose forthcoming decision could either settle the dispute or allow further proceedings at the lower court level.
The apex court’s verdict is widely seen as pivotal in determining the legitimacy of the competing factions within the party.
