A Federal High Court sitting in Abuja has restrained the Independent National Electoral Commission (INEC) from recognising or participating in any congress organised by a disputed caretaker leadership of the African Democratic Congress (ADC).
The court also barred a former Senate President, David Mark, and other party members from interfering with the functions and tenure of elected state executives.
Justice Joyce Abdulmalik, who delivered the judgment on Wednesday, held that the claims brought before the court were valid and meritorious.
The suit was filed by Norman Obinna and six others on behalf of ADC state chairpersons and executive committees, challenging the legality of actions taken by a caretaker or interim national leadership, including the move to organise state congresses.
The plaintiffs argued that the caretaker body lacked constitutional authority to conduct congresses or appoint any committee for that purpose, insisting that only duly elected party organs recognised under the party’s constitution have such powers.
They urged the court to affirm the tenure of the state executive committees and restrain any parallel processes capable of undermining their authority.
In her ruling, Justice Abdulmalik held that courts could intervene in internal party matters where there is an allegation of breach of constitutional or statutory provisions.
“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.
The judge held that the procedure adopted by the defendants, including the appointment of a congress committee, was not recognised by the ADC constitution and was therefore invalid.
She affirmed that the tenure of the state executive committees remains valid and must run its full course without interference, adding that only elected structures have the authority to organise state congresses.
The court subsequently set aside the appointment of the congress committee and restrained INEC from recognising any congress organised by the caretaker leadership.
It also barred Mark and other defendants from organising congresses or conventions outside the provisions of the party’s constitution or taking steps capable of undermining the authority of the state executive committees.
The defendants in the suit include the ADC, Mark, Patricia Akwashiki, Malam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Oserheimen Osunbor, and INEC.
They had opposed the suit, arguing that the matter was an internal party affair and not within the jurisdiction of the court, while also questioning the competence of the suit and the locus standi of the plaintiffs.
However, the court dismissed their objections and ruled in favour of the plaintiffs.
