On Wednesday, Federal High Court sitting in Abuja restrained the Independent National Electoral Commission (INEC) from recognising or taking part in any congress organised by a disputed caretaker leadership of the African Democratic Congress (ADC).
The presiding Judge, Justice Joyce Abdulmalik, the court also barred former Senate President, David Mark, and other key figures from interfering with the tenure and functions of duly elected state executives of the party.
New Telegraph reports that 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.
Recall that the suit was instituted by Norman Obinna and six others, representing state chairpersons and executive committees of the party, who challenged the legality of actions taken by an interim national leadership.
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They argued that the caretaker body lacked the constitutional authority to organise state congresses or appoint committees for that purpose, insisting that only elected party organs have such powers.
In her ruling, Justice Abdulmalik held that the claims before the court were valid, stating that she found “the issue in the originating summons meritorious”.
She identified the central question as whether the defendants, including Mark, had the legal authority to assume the responsibilities of elected state organs whose tenure is protected under the party’s constitution.
Addressing the defence that the matter was an internal party affair beyond judicial intervention, the judge acknowledged the general legal position but outlined its limitations.
“The law is settled that courts will not interfere. However, where there is an allegation of breach of constitutional or statutory provisions, the court has a duty to intervene,” she ruled.
“Where a party alleges that its constitution has been violated, the court is bound to adjudicate. Any argument that this court lacks jurisdiction on that basis fails,” she added.
The court further held that political parties must strictly adhere to their constitutions, noting that any deviation, especially in leadership matters, cannot be justified under claims of internal autonomy.
Justice Abdulmalik found that the process 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 they must be allowed to complete their terms without interference.
The court also nullified the congress committee set up by the caretaker leadership and restrained INEC from recognising any congress conducted by it.
Additionally, the defendants were barred from organising congresses or conventions outside the provisions of the party’s constitution or taking any action capable of undermining the authority of the state executives.
