Justice Joyce Abdulmalik of the Federal High Court, Abuja, has restrained the Independent National Electoral Commission from recognising or participating in any state congress organised by a disputed caretaker leadership of the African Democratic Congress.
The court also barred former Senate President David Mark and other party figures from interfering with the functions and tenure of elected state executives, ruling that only duly constituted state executive committees have the authority to conduct state congresses.
The judgment followed an originating summons filed by Norman Obinna and six others on behalf of ADC state chairpersons and executive committees, challenging the legality of actions taken by a caretaker or interim national leadership.
Delivering judgment, Justice Abdulmalik held that the issues raised by the plaintiffs were “meritorious,” noting that the core question was whether the defendants had constitutional or statutory authority to assume the powers of elected state organs of the party.
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She cited Section 223 of the 1999 Constitution, which mandates political parties to conduct periodic elections on a democratic basis, as well as provisions of the party’s constitution guaranteeing the tenure of elected officials.
The judge ruled that the procedure adopted by the defendants, including the appointment of a “congress committee,” is not recognised under the party’s constitution and therefore invalid.
She affirmed that the tenure of state executive committees remains valid and must be allowed to run its course, adding that only elected structures are empowered to organise congresses.
“The court has a duty to intervene where there is a breach of constitutional or statutory provisions,” she stated, rejecting arguments by the defendants that the matter was purely an internal party affair and not justiciable.
The court further restrained Mr Mark and other defendants from organising congresses or conventions outside the provisions of the party’s constitution, as well as from taking any steps capable of undermining the authority of the state executive committees.
In addition, the court set aside the appointment of the disputed congress committee and reaffirmed that INEC must not recognise any congress conducted outside the framework of the party’s constitution.
On preliminary objections raised by the defendants, Justice Abdulmalik held that the Federal High Court has jurisdiction over the matter, as it relates to the functions of INEC under Section 251 of the Constitution.
She also ruled that the plaintiffs had the locus standi to institute the suit, noting that their claims stemmed from alleged violations of constitutional provisions, and dismissed objections regarding internal dispute resolution mechanisms as premature.
The suit, instituted by the plaintiffs on behalf of ADC state executives, challenged the legality of caretaker or interim leadership structures and sought to protect internal party democracy.
The defendants in the case include the ADC, David Mark, Patricia Akwashiki, Malam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Oserheimen Osunbor, and INEC.