Manny Ita –
A federal high court in Abuja has restrained the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses organised by the caretaker leadership of the African Democratic Congress (ADC) led by David Mark.
Delivering judgment on Wednesday, Justice Joyce Abdulmalik ruled that the tenure of the party’s state working committees and executive committees remains valid and subsisting until properly conducted congresses and a national convention are held.
The court held that neither Nigeria’s constitution nor the ADC constitution empowers the caretaker or interim national working committee to appoint bodies to conduct state congresses. According to the ruling, the responsibility for organising such congresses lies strictly with the party’s state executive committees, not the national leadership.
Justice Abdulmalik further restrained the Mark-led caretaker committee from interfering with the duties and tenure of duly elected state executives.
The case, marked FHC/ABJ/CS/581/2026, was instituted by aggrieved party members, including Don Norman Obinna and others, who approached the court on behalf of ADC state chairmen and executives nationwide. They argued that the caretaker leadership lacked constitutional authority to organise parallel congresses or appoint committees for that purpose.
In her decision, the judge described the plaintiffs’ claims as meritorious, noting that the central issue was whether the defendants had the legal authority to override constitutionally recognised state party organs.
Citing Section 223 of the 1999 Constitution, she emphasised that political parties must operate on democratic principles through periodic elections. She also referenced provisions of the ADC constitution, which stipulate fixed tenures for party officials.
On the question of whether courts should вмеш in internal party affairs, Abdulmalik ruled that judicial intervention is justified where there is an alleged breach of constitutional or statutory provisions.
She concluded that political parties are bound to adhere strictly to their constitutions and that the court retains jurisdiction to adjudicate disputes arising from violations.
