By BANNERNEWS Reporter, Abuja
A Federal High Court in Abuja on Wednesday restrained the Independent National Electoral Commission (INEC) from recognising or participating in any congress organised by the leadership of the African Democratic Congress (ADC).
The court also barred former Senate President, David Mark, and other senior party figures from interfering with the activities and tenure of duly elected state executive committees of the party.
The judgment followed a suit filed by Norman Obinna and six others, representing ADC state chairpersons and executive committees across the country.
The plaintiffs challenged the legality of actions taken by a caretaker or interim national leadership, particularly its move to organise state congresses through an appointed committee.
They argued that only elected party organs, as provided in the ADC constitution, have the authority to conduct congresses or appoint committees for that purpose.
The suit joined the ADC, David Mark, Patricia Akwashiki, Malam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Oserheimen Osunbor, and INEC as defendants.
The plaintiffs further asked the court to affirm the tenure of existing state executive committees and stop parallel congress arrangements they described as unconstitutional.
They maintained that any attempt to bypass elected structures violates both the ADC constitution and democratic principles guiding political party administration.
The defendants, however, challenged the suit through preliminary objections, arguing that the matter was an internal party affair and not justiciable.
They also contended that the plaintiffs lacked legal standing and had failed to exhaust internal dispute resolution mechanisms before approaching the court.
Delivering judgment, Justice Joyce Abdulmalik held that the issues raised were justiciable, particularly where allegations of constitutional breaches are involved.
The judge framed the central issue as whether the defendants had the authority to assume powers reserved for elected party organs whose tenure is protected under the party constitution.
Relying on Section 223 of the 1999 Constitution and relevant provisions of the ADC constitution, the court held that political parties must adhere strictly to democratic processes and internal rules.
Justice Abdulmalik ruled that the appointment of a “congress committee” by the caretaker leadership was not provided for in the party constitution and was therefore invalid.
The court held that the tenure of duly elected state executive committees remains valid and must run its full course without interference.
It further declared that only the recognised state structures have the authority to organise congresses in line with the party constitution.
Consequently, the court set aside the appointment of the congress committee and restrained INEC from recognising any congress conducted under it.
It also barred David Mark and other defendants from organising or supervising congresses or conventions outside the party’s constitutional framework.
The court further prohibited any action capable of undermining the authority of the elected state executive committees.
The ruling deepens the ongoing leadership dispute within the ADC over control of party structures ahead of future political activities.
