Court Bars INEC from Recognising ADC Congresses Amid Leadership Dispute

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A Federal High Court in Abuja on Wednesday restrained the Independent National Electoral Commission from recognising or participating in any congress organised by a disputed caretaker leadership of the African Democratic Congress.

Justice Joyce Abdulmalik, who delivered the judgment, also barred former Senate President David Mark and other party figures from interfering with the functions and tenure of elected state executives.

The ruling followed a suit filed by Norman Obinna and six others on behalf of ADC state chairpersons and executive committees, challenging the legality of actions taken by an interim national leadership.

The plaintiffs argued that the caretaker body lacked constitutional authority to organise state congresses or appoint committees for that purpose, insisting that only duly elected party organs have such powers.

In her judgment, Justice Abdulmalik held that the claims were valid and raised issues warranting judicial intervention, particularly where breaches of constitutional and statutory provisions were alleged.

She ruled that although courts generally avoid interfering in internal party matters, they have a duty to act where there is evidence of violation of the law.

The court found that the appointment of a congress committee by the defendants was not recognised under the ADC constitution and therefore invalid.

It affirmed that the tenure of the state executive committees remains subsisting and must not be disrupted.

Consequently, the court set aside the congress committee and restrained INEC from recognising any congress conducted by it.

The judge further barred Mark and other defendants from organising congresses or conventions outside the provisions of the party’s constitution or taking actions capable of undermining the authority of elected state executives.

The defendants had argued that the matter was an internal party affair and not justiciable, also questioning the plaintiffs’ legal standing and competence of the suit.

However, the court rejected the objections, holding that allegations of constitutional breaches justify judicial intervention.

The ruling is expected to have significant implications for the ongoing leadership crisis within the ADC and its preparations for future political activities.

 

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