A Federal High Court in Abuja has stopped the Independent National Electoral Commission (INEC) from recognising any state congress organised by a disputed leadership of the African Democratic Congress (ADC).
The court, led by Justice Joyce Abdulmalik, also ordered former Senate President David Mark and other party leaders not to interfere with the duties of already elected state executives.
The case was filed by Norman Obinna and six others, who represented ADC state chairmen and executive members. They argued that the party’s interim national leadership had no legal power to organise state congresses or set up committees for that purpose.
In her ruling, Justice Abdulmalik said the case had merit. She explained that the main issue was whether the defendants had the legal authority to take over the powers of elected state officials.
She referred to Section 223 of the 1999 Constitution, which requires political parties to conduct regular democratic elections. She also cited the ADC constitution, which states that party officials can serve a maximum of two terms of four years each.
The judge said that while courts usually avoid interfering in party matters, they must step in when there is a violation of the law or a party’s constitution.
She ruled that political parties must strictly follow their own rules. According to her, the method used by the defendants, including setting up a “congress committee,” is not recognised by the party’s constitution.
The court confirmed that the current state executives remain in office and must be allowed to complete their tenure. It also stated that only these elected officials have the authority to organise state congresses.
As a result, the court cancelled the committee set up to organise the congresses and barred INEC from recognising any congress conducted by it.
The court also stopped David Mark and others from organising any congress or convention that does not follow the party’s constitution or from taking actions that could disrupt the authority of the state executives.
The defendants in the case include the ADC, David Mark, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor, and INEC.
The judge also ruled that the Federal High Court has the authority to hear the case because it involves INEC. She dismissed objections from the defendants, stating that the plaintiffs had the right to bring the case and shared a common complaint.
Overall, the court sided with the plaintiffs and upheld the authority of the elected state executives.
