On Wednesday, the Federal High Court in Abuja issued a restraining order against the Independent National Electoral Commission (INEC), preventing it from recognizing or attending any congresses organized by a disputed caretaker leadership of the African Democratic Congress (ADC).
Justice Joyce Abdulmalik delivered the judgment, which also barred former Senate President David Mark and other high-ranking figures from interfering with the roles and tenures of the party’s elected state executives.
The legal action was initiated via an originating summons by Norman Obinna and six others, representing ADC state chairpersons.
The plaintiffs challenged the authority of an interim national body to organize state congresses through an appointed committee, arguing that only constitutionally recognized party organs have such powers.
In resolving the matter, Justice Abdulmalik found “the issue in the originating summons meritorious” and clarified that while courts typically avoid internal party affairs, they must step in when constitutional or statutory violations occur.
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Regarding the court’s authority to intervene, the judge ruled:“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. 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.”
Justice Abdulmalik questioned whether there was “any infraction committed by Mr Mark and co-defendants when they convened meetings and appointed a body known as a congress committee to organise state congresses.”
She concluded that the procedure adopted by the defendants was not recognized by the ADC constitution and was therefore invalid.
Consequently, the court upheld the validity of the state executive committees’ tenure and nullified any processes started by the caretaker leadership.
The court’s orders set aside the appointment of the congress committee and strictly barred the defendants—including David Mark, Patricia Akwashiki, Malam Bolaji Abdullahi, Rauf Aregbesola, and Oserheimen Osunbor—from organizing conventions outside the party’s constitutional provisions.
The judge emphasized that political parties must operate within their legal frameworks and cannot bypass elected structures under the guise of internal autonomy.
This ruling ensures that the subsisting state executive committees must be allowed to complete their full terms without disruption.
