Court restrains INEC from recognising ADC congresses

A Federal High Court of Nigeria sitting in 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.

In a judgment delivered on Wednesday, Justice Joyce Abdulmalik also barred former Senate President, David Mark, and other party figures from interfering with the functions and tenure of duly elected state executives.

The ruling marks a significant development in the ongoing leadership crisis within the ADC, with implications for control of party structures ahead of future political activities.

The suit was filed by Norman Obinna and six others, representing state chairpersons and executive committees of the party. They challenged the legality of actions taken by an interim national leadership, particularly its move to organise state congresses through an appointed committee.

The plaintiffs argued that the caretaker body lacked the constitutional authority to conduct congresses or set up any committee for that purpose, insisting that only duly elected organs recognised by the party’s constitution can organise such processes.

In her ruling, Justice Abdulmalik held that the claims were valid and raised issues warranting judicial intervention, especially where constitutional and statutory provisions were allegedly breached.

She framed the central question as whether the defendants, including Mark, had the authority to assume the powers of elected state organs whose tenure is protected under the party’s constitution.

The judge relied on Section 223 of the 1999 Constitution, which mandates democratic governance within political parties, as well as provisions of the ADC constitution that set tenure limits for party officials.

Addressing the defence that the matter was purely internal, the court acknowledged that while courts generally avoid interfering in party affairs, they are obligated to act where there is evidence of constitutional violations.

Justice Abdulmalik held that the procedure adopted by the defendants, including the appointment of a “congress committee,” was not recognised under the ADC constitution and was therefore invalid.

Consequently, the court affirmed the tenure of the state executive committees and ruled that only elected party structures have the authority to organise congresses.

The court set aside the appointment of the congress committee and restrained INEC from recognising any congress conducted under it. It also barred Mark and other defendants from organising congresses or conventions outside the provisions of the party’s constitution or taking actions capable of undermining the state executives.

The defendants in the case include the ADC, Mark, Patricia Akwashiki, Malam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Oserheimen Osunbor, and INEC.

While the plaintiffs maintained that the tenure of state executives remains valid until properly conducted congresses are held, the defendants argued that the dispute was an internal party matter, questioned the plaintiffs’ legal standing, and said internal dispute resolution mechanisms were not exhausted before approaching the court.