The Federal High Court Abuja has restrained the Independent National Electoral Commission from recognising or participating in any congress organised by a disputed caretaker leadership of the African Democratic Congress, deepening the ongoing leadership crisis within the party.
In a judgment delivered by Justice Joyce Abdulmalik, the court also barred former Senate President David Mark and other party figures from interfering with the functions and tenure of duly elected state executives of the party.
The case was filed by Norman Obinna and six others representing state chairpersons and executive committees of the African Democratic Congress. The plaintiffs challenged the legality of actions taken by a caretaker national leadership, particularly its decision to organise state congresses through an appointed committee.
They argued that only elected party structures have the constitutional authority to conduct congresses and appoint committees for such purposes, insisting that the caretaker body had overstepped its mandate.
In her ruling, Justice Abdulmalik held that the claims were valid and raised serious questions about compliance with both the party constitution and the national legal framework governing political parties.
She referenced Section 223 of the 1999 Constitution and relevant provisions of the party constitution, stressing that political parties must operate based on democratic principles and clearly defined internal structures.
The court further rejected arguments by the defendants that the matter was an internal party affair beyond judicial intervention. It held that courts are empowered to intervene where there is an alleged breach of constitutional or statutory provisions.
The judge found that the creation of a “congress committee” by the caretaker leadership was not recognised under the party’s constitution and therefore invalid. She ruled that only elected state executive committees have the authority to organise congresses.
Consequently, the court set aside the actions of the caretaker leadership, affirmed the validity of the existing state executives, and restrained any parallel congress processes.
Other defendants in the case include Patricia Akwashiki, Malam Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor, and the electoral commission.
The ruling is expected to have significant implications for internal control of the party ahead of future political activities and elections.
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