The Federal High Court in Abuja has issued a ruling restricting the Independent National Electoral Commission (INEC) from recognising or participating in any congresses organised by committees set up by the Senator David Mark-led caretaker leadership of the African Democratic Congress (ADC).
Delivering judgment on Wednesday, Justice Joyce Abdulmalik also barred the caretaker leadership from interfering with the tenure and responsibilities of the party’s elected state executives.
The court held that the conduct of state congresses is strictly the responsibility of duly elected state executive committees, not appointed national caretaker structures.
According to the ruling, the existing four-year tenure of the ADC’s State Working Committees and State Executive Committees remains valid and must be allowed to run its course until properly conducted congresses and a national convention are held.
The case was filed by a group of party members led by Don Norman Obinna and others, who approached the court on behalf of state chairmen and executives of the ADC across the country.
They challenged the legality of actions taken by the caretaker leadership, including the appointment of committees to oversee planned state congresses scheduled for April 2026.
The plaintiffs argued that such actions violated the party’s constitution and that only elected party organs have the authority to organise congresses.
In the suit, the ADC, Senator David Mark, and members of the caretaker committee were listed as defendants, alongside INEC.
Justice Abdulmalik agreed with the plaintiffs, ruling that neither the Nigerian Constitution nor the ADC constitution empowers a caretaker committee to unilaterally appoint congress committees.
She further held that Section 223 of the 1999 Constitution requires political parties to operate on democratic principles, while the ADC constitution clearly outlines term limits and structures for party leadership.
Although courts generally avoid interfering in internal party affairs, the judge noted that they are obligated to step in when there is evidence of constitutional or legal breaches.
In her words, where allegations of violation are raised, the court has a duty to intervene and ensure compliance with the law.
The court concluded that the existing state executive structures remain valid and must be allowed to function without interference, effectively nullifying any congress arrangements initiated by the caretaker leadership.
The judgment is seen as a significant development in the ongoing leadership tussle within the ADC, reinforcing the authority of elected party organs over appointed committees.
