Justice Joyce Abdulmalik of the Federal High Court, Abuja, has barred the Independent National Electoral Commission(INEC) from recognising or participating in any congress organised by a disputed leadership of the African Democratic Congress (ADC).
The court also restrained former Senate President David Mark and other party figures from interfering with the functions and tenure of elected state executives of the party.
The ruling followed an originating summons filed by Norman Obinna and six others on behalf of ADC state chairpersons and executive committees, who challenged the legality of actions taken by an interim national leadership. The plaintiffs argued that the interim structure lacked constitutional authority to organise state congresses or appoint committees for that purpose.
They asked the court to affirm the tenure of elected state executives and stop any parallel congress process.
Court’s Findings
In her judgment, Justice Abdulmalik held that the issues raised in the originating summons were “meritorious,” noting that the central question was whether the defendants had constitutional or statutory authority to assume the powers of elected state party organs.
She referenced section 223 of the 1999 Constitution, which requires political parties to conduct periodic elections on a democratic basis, as well as provisions of the ADC constitution limiting tenure of officers.
The judge ruled that while courts generally do not interfere in internal party affairs, they must intervene where there is an alleged breach of constitutional or statutory provisions.
She found that the appointment of a “congress committee” by the defendants was not recognised under the party’s constitution and therefore invalid.
According to the court, only duly elected state executive committees have the authority to organise state congresses, and their tenure remains valid until properly concluded elections are held.
Orders of the Court
The court set aside the appointment of the committee and restrained INEC from recognising any congress organised by it. It also restrained Mark and other defendants from organising congresses or conventions outside the provisions of the party’s constitution.
Additionally, the court barred them from taking steps that could undermine or disrupt the authority of existing state executive committees.
Preliminary Objections Dismissed
The defendants, including Mark, had argued that the matter concerned internal party affairs and was not justiciable, and also challenged the plaintiffs’ locus standi.
However, Justice Abdulmalik ruled that the issues touched on the operations of INEC and therefore fell within the jurisdiction of the Federal High Court under section 251 of the Constitution.
She further held that the plaintiffs had the legal standing to bring the case, as they were directly affected by the alleged violations.
The court consequently dismissed the preliminary objections and resolved all jurisdictional issues in favour of the plaintiffs.
