By Sodiq Adelakun
A Federal High Court in Abuja has barred the Independent National Electoral Commission (INEC) from recognising or taking part in any state congresses organised by committees set up by the factional leadership of the African Democratic Congress (ADC) led by former Senate President, David Mark.
In a judgment delivered on Wednesday, Justice Joyce Abdulmalik also restrained the Mark-led caretaker group from interfering with the tenure and duties of duly elected state executives of the party.
The court ruled that only state executive committees have the authority to conduct state congresses, stressing that such responsibility does not lie with the national leadership of a political party.
It further held that the four-year tenure of the ADC’s State Working Committees and State Executive Committees remains valid until properly conducted congresses are held and a national convention is convened.
The decision 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.
They argued that the move violated the party’s constitution and undermined existing party structures.
In her ruling, Justice Abdulmalik agreed with the plaintiffs, declaring that neither the 1999 Constitution nor the ADC constitution empowers a caretaker or interim national leadership to appoint committees for the purpose of conducting congresses.
“The law is settled that courts will not interfere. However, where there is an allegation of breach of constitutional or statutory provisions, the court has a duty to intervene,” the judge said.
“Where a party alleges that its constitution has been violated, the court is bound to adjudicate.”
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She emphasised that evidence before the court showed the tenure of the current state executives remains valid and must not be disrupted.
The court consequently nullified any process initiated by the Mark-led leadership to conduct state congresses, effectively halting the planned exercise.
The ruling is expected to deepen the internal crisis within the ADC as the party navigates leadership disputes ahead of future electoral activities.
