Court Bars INEC from Recognising ADC Congresses, Restrains Mark-Led Leadership

By correspondent in Abuja.

The Federal High Court in Abuja on Wednesday restrained the Independent National Electoral Commission (Independent National Electoral Commission) from recognising or participating in any congress organised by the disputed caretaker leadership of the African Democratic Congress (African Democratic Congress), led by a faction associated with former Senate President, David Mark.

Delivering judgment, Justice Joyce Abdulmalik held that the caretaker leadership lacked the constitutional backing to constitute or supervise state congresses, stressing that such powers reside strictly with duly elected state executive committees of the party.

The court also restrained the Mark-led faction from interfering with the functions and tenure of existing state executives of the party, declaring that their four-year tenure remains valid and subsisting until properly conducted congresses are held in line with the party’s constitution.

Justice Abdulmalik ruled that neither the 1999 Constitution nor the ADC constitution empowers any caretaker or interim national leadership to appoint congress committees for the purpose of conducting state congresses. She therefore set aside the appointment of such committees by the disputed national leadership.

The judge further held that political parties must operate strictly within the provisions of their constitutions, noting that while courts are generally reluctant to interfere in internal party affairs, they are bound to intervene where there is a clear breach of constitutional or statutory provisions.

According to her, the actions of the caretaker leadership in constituting a congress committee were not recognised under the party’s rules and therefore amounted to a violation of due process within the party structure.

Justice Abdulmalik also dismissed preliminary objections raised by the defendants, including arguments that the matter was not justiciable and that the plaintiffs lacked locus standi.

She held that the alleged breach of constitutional provisions gave the plaintiffs sufficient legal standing to approach the court.

The suit was instituted by state chairmen and executive committee members of the party who argued that the caretaker leadership had no authority to override elected structures or initiate parallel congress processes.

The defendants in the case include the ADC, David Mark, and other national officers, who had urged the court to dismiss the suit on grounds of internal party affairs and lack of jurisdiction. The court, however, resolved all objections in favour of the plaintiffs.
Edited by Dada Ahmed.