COURT RESTRAINS INEC FROM RECOGNISING ADC CONGRESSES

The Federal High Court 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).

Justice Joyce Abdulmalik, in a judgment on Wednesday, also barred former Senate President David Mark and other party leaders from interfering with the functions and tenure of elected state executives.

The case arose from an originating summons filed by Norman Obinna and six others on behalf of state chairpersons and executive committees of the party.

The plaintiffs challenged the legality of actions taken by a caretaker or interim national leadership, particularly the move to organise state congresses through an appointed committee. They argued that the caretaker body lacked constitutional authority to organise such congresses or appoint any committee for that purpose.

They further maintained that only duly elected party organs recognised under the party’s constitution have the power to conduct congresses, urging the court to affirm the tenure of state executive committees and restrain any parallel arrangements.

Delivering judgment, Justice Abdulmalik held that the claims were valid and deserving of judicial consideration, describing the issue in the originating summons as meritorious.

She framed the central issue as whether the defendants, including David Mark, had constitutional or statutory authority to assume the powers of elected state organs of the ADC.

The court relied on Section 223 of the 1999 Constitution and Article 23 of the ADC Constitution, which provides tenure limits for party officers.

The judge held that courts ordinarily do not interfere in internal party matters but will intervene where there is an allegation of breach of constitutional or statutory provisions.

She ruled that where a party alleges violation of its constitution, the court is bound to adjudicate, adding that any objection on jurisdiction on that basis fails.

Justice Abdulmalik further held that political parties must operate strictly within their constitutions and that the appointment of a “congress committee” was not recognised under the ADC constitution and therefore invalid.

Consequently, the court held that the tenure of the state executive committees remains valid and must run its full course without interference.

The court also set aside the appointment of the congress committee and restrained INEC from recognising any congress conducted by it.

It further restrained David Mark and other defendants from organising congresses or conventions outside the provisions of the party’s constitution, and from taking steps capable of undermining state executive committees.

The suit was filed in a representative capacity on behalf of ADC state chairmen and executive committees across the country.

Defendants in the matter include the ADC, David Mark, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor, and INEC.

The plaintiffs had argued that caretaker arrangements were unconstitutional and violated internal democracy, while the defendants maintained that the matter was an internal party affair and not justiciable.