The Federal High Court in Abuja has nullified all state congresses organised by the caretaker leadership of the African Democratic Congress and restrained the Independent National Electoral Commission from recognising or participating in any such exercise.
Delivering judgment on Wednesday, Justice Joyce Abdulmalik held that the appointment of a so-called “congress committee” by a disputed interim national leadership is unknown to the ADC constitution and therefore invalid.
The court also barred former Senate President David Mark, along with prominent political figures including Malam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, and Oserheimen Osunbor, from interfering with the functions and tenure of duly elected state executives of the party.
Justice Abdulmalik ruled that the tenure of state executive committees remains valid and must be allowed to run its full course without disruption.
“The procedure adopted by the defendants, including the appointment of a congress committee, is not recognised by the ADC constitution,” the judge held. “Only those elected structures have the authority to organise state congresses.”
The ruling originated from a suit filed by Norman Obinna and six others, who sued in a representative capacity on behalf of ADC state chairpersons and executive committees across Nigeria.
They had challenged the legality of the caretaker leadership’s move to organise state congresses through an appointed committee, arguing that the body lacked constitutional authority to do so.
The plaintiffs further contended that any attempt to bypass elected structures undermines internal party democracy and erodes the rule of law within the party.
In his response to the judgment, Obinna described the ruling as a victory for due process.
“ADC belongs to its members across the country, not a few individuals sitting in Abuja,” he told SPEAR NEWS NIGERIA. “We hope this ends the era of impunity where leadership appoints itself through backdoor arrangements.”
The defendants had argued that the dispute related strictly to the internal affairs of the party and was therefore outside the jurisdiction of the court. They also contended that the plaintiffs lacked legal standing and failed to exhaust internal dispute resolution mechanisms.
Justice Abdulmalik acknowledged the general principle that courts are reluctant to interfere in internal party matters, but clarified the limits of that principle.
“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,” she ruled.
“Any argument that this court lacks jurisdiction on that basis fails.”
The judge relied on section 223 of the 1999 Constitution, which mandates political parties to conduct periodic elections based on democratic principles, as well as Article 23 of the ADC constitution, which provides that national and state officers shall hold office for a maximum of two terms spanning eight years.
In a series of far-reaching orders, the court also restrained Mark and the other defendants from organising any congresses or conventions outside the provisions of the ADC constitution.
They were further barred from taking any steps capable of undermining or disrupting the authority of the state executive committees.
INEC, listed as a defendant in the suit, has yet to issue an official statement on whether it will appeal the ruling.
Political analysts say the judgment has significant implications for control of the ADC’s structures ahead of future elections, potentially settling a leadership tussle that has festered for months.
Efforts to reach the spokesperson for David Mark were unsuccessful as of press time. Similarly, representatives of Aregbesola and Osunbor did not immediately respond to requests for comment.
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