A Federal High Court in Abuja has stopped the Independent National Electoral Commission (INEC) from recognising or taking part in any congress organised by committees set up by the caretaker leadership of the African Democratic Congress (ADC) headed by Senator David Mark.
Delivering judgment on Wednesday, Justice Joyce Abdulmalik also restrained the David Mark-led caretaker committee from interfering in the activities and tenure of the party’s elected state executives.
The court ruled that only the duly elected state executive committees of the party have the constitutional authority to organise state congresses, not the national caretaker leadership.
According to the judgment, the current four-year tenure of the ADC’s State Working Committees and State Executive Committees remains valid until properly conducted congresses and a national convention are held.
The case was filed by aggrieved members of the party, including Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr. Charles Idowu Omideji, Samuel Pam Gyang, and Obianyo Patrick, who said they were acting on behalf of ADC state chairmen and executive committees nationwide.
The plaintiffs challenged the decision of the David Mark-led caretaker committee to appoint congress committees for the planned April 2026 state congresses, arguing that such actions violated the ADC constitution.
They maintained that only elected party structures recognised by the party’s constitution have the legal power to conduct congresses.
In her ruling, Justice Abdulmalik agreed with the plaintiffs, stating that neither the Nigerian Constitution nor the ADC constitution empowers the caretaker committee to appoint committees for state congresses.
The court further held that political parties must operate democratically in line with Section 223 of the 1999 Constitution, while also observing provisions of their internal constitutions regarding tenure and leadership structure.
Justice Abdulmalik noted that although courts usually avoid interfering in the internal affairs of political parties, intervention becomes necessary where constitutional or statutory breaches are alleged.
The judge subsequently nullified all processes initiated by the David Mark-led caretaker leadership concerning the planned state congresses and affirmed the legitimacy of the existing state executive structures.
