The Federal High Court in Abuja has barred the Independent National Electoral Commission (INEC) from recognising or participating in any congress organised by committees set up by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC). The ruling also restrains the group from interfering with the functions of elected state executives.
Justice Joyce Abdulmalik delivered the judgment on Wednesday, settling a dispute over the control of party structures ahead of planned congresses.
Court Affirms State Executives’ Authority Over Congresses
The court held that the responsibility for conducting state congresses rests solely with state executive committees, not the national leadership. It ruled that any attempt by the caretaker committee to organise such congresses falls outside its powers.
Justice Abdulmalik stated that both the 1999 Constitution and the ADC constitution do not empower the caretaker body to appoint congress committees.
Tenure of State Structures Declared Valid
In its decision, the court affirmed that the tenure of ADC State Working Committees and State Executive Committees remains valid and subsisting. It said these structures must be allowed to complete their terms pending properly conducted congresses and a national convention.
The ruling reinforces the position that only duly elected party organs can manage internal electoral processes.
Suit Filed by Aggrieved Party Members
The judgment followed a suit filed by several ADC members, including Don Norman Obinna and others, who challenged the legality of the caretaker committee’s actions. The plaintiffs argued that the planned congresses violated the party’s constitution.
They maintained that only recognised party structures have the authority to organise congresses, urging the court to intervene.
Court Cites Constitutional Breach, Rejects Jurisdiction Argument
Justice Abdulmalik agreed with the plaintiffs, noting that the claims raised involved alleged breaches of constitutional and statutory provisions. She dismissed arguments that the court lacked jurisdiction, stressing that such matters warrant judicial review.
“The law is settled that courts will not interfere. However, where there is an allegation of breach… the court has a duty to intervene,” she ruled.
Caretaker Committee Actions Nullified
The court subsequently nullified all processes initiated by the Mark-led caretaker leadership regarding the conduct of state congresses. It emphasised that such actions contravene both constitutional provisions and party guidelines.
The ruling effectively halts any congress exercise linked to the caretaker committee.
Ruling Reshapes ADC Internal Power Structure
The decision is expected to have significant implications for the ADC’s internal leadership dynamics, particularly as political activities begin to intensify. Attention is now on how the party will navigate the ruling and organise its congresses within the framework outlined by the court.