Abuja: The Federal High Court in Abuja has issued a ruling preventing the Independent National Electoral Commission (INEC) from recognising or engaging in any congress organised by the disputed caretaker leadership of the African Democratic Congress (ADC), led by Sen. David Mark. Justice Joyce Abdulmalik delivered the judgment, restricting the Mark-led leadership from interfering with the roles and tenure of elected state executives.
According to News Agency of Nigeria, Justice Abdulmalik clarified that the responsibility for conducting state congresses rests solely with the state executive committees of the party, not the national executive committee. The court upheld the validity of the four-year tenure for ADC’s State Working Committees and State Executive Committees until properly constituted state congresses and a national convention are held.
The judgment further stated that neither the country’s constitution nor the ADC’s constitution empowers the party’s Caretaker/Interim National Working Committee, led by Mark, to appoint any congress committee for conducting state congresses. This decision follows a suit filed by some aggrieved state chairmen of the ADC against the Mark faction, challenging the legality of actions taken by a caretaker or interim national leadership.
In the originating summons filed by Norman Obinna and six others on behalf of ADC state chairpersons and executive committees, they contended that the caretaker body lacked the constitutional authority to organise state congresses or appoint committees for that purpose. The plaintiffs requested the court to affirm their tenure and halt any parallel processes.
Justice Abdulmalik found the issues raised in the originating summons to be meritorious, questioning whether the defendants, including Mark, had constitutional or statutory authority to assume powers of an elected state organ of the ADC. She cited Section 223 of the 1999 Constitution, which mandates political parties to conduct periodic elections on a democratic basis, and article 23 of the ADC’s constitution, which limits office tenure to a maximum of two terms of eight years.
The judge stated that courts generally do not interfere with the internal affairs of political parties unless there is an allegation of constitutional or statutory breaches. She ruled that the defendants’ appointment of a ‘congress committee’ was not recognised by the party’s constitution, and the state executive committees’ tenure remains valid.
Justice Abdulmalik set aside the appointment of the committee and ordered INEC not to recognise any congress organised by it. She further restrained Mark and other defendants from organising congresses or conventions outside the provisions of the party’s constitution and from taking steps that could undermine the authority of the state executive committees.
Earlier, Justice Abdulmalik addressed preliminary objections and counter affidavits filed by the defendants. She held that the subject matter fell within the jurisdiction of the Federal High Court under Section 251 of the Constitution. The judge dismissed objections regarding the plaintiffs’ failure to exhaust internal dispute resolution mechanisms and upheld their locus standi, citing a common grievance among the plaintiffs.
The defendants, including the ADC, David Mark, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor, and INEC, urged the court to dismiss the suit, arguing that it pertained to internal party affairs and was not justiciable. However, the judge resolved the objections in favor of the plaintiffs, affirming the legitimacy of the state executive committees’ tenure until valid congresses are conducted.