A Federal High Court in Abuja has restrained the Independent National Electoral Commission (INEC) from recognising or participating in any congress organised by committees set up by the caretaker leadership of the African Democratic Congress (ADC).
Delivering judgment on Wednesday, Justice Joyce Abdulmalik also barred the Senator David Mark-led caretaker committee from interfering with the tenure and functions of duly elected state executives of the party.
The court held that the responsibility for conducting state congresses lies with state executive committees, not the national leadership.
It further affirmed that the four-year tenure of the party’s State Working Committees and State Executive Committees remains valid until properly conducted congresses and a national convention are held.
The ruling followed a suit filed by aggrieved party members, including Don Norman Obinna and others, who challenged the legality of the caretaker committee’s plan to organise state congresses through appointed committees.
The plaintiffs argued that such actions violated the party’s constitution, insisting that only duly elected party organs have the authority to conduct congresses.
In her judgment, Justice Abdulmalik agreed, stating that neither the 1999 Constitution nor the ADC constitution empowers the caretaker committee to appoint congress committees.
She emphasised that while courts generally avoid interfering in the internal affairs of political parties, they are obligated to act where there is a breach of constitutional or statutory provisions.
The court also referenced Section 223 of the 1999 Constitution, which mandates political parties to operate on democratic principles, as well as provisions in the ADC constitution limiting tenures of party officials.
Consequently, the court nullified any congress process initiated by the caretaker leadership and reaffirmed the authority of existing elected state structures within the party.
