Court Restrains INEC From Recognising ADC Caretaker Committee’s Congresses

ABUJA — The Federal High Court in Abuja on Wednesday barred the Independent National Electoral Commission from recognising or participating in any congress organised by a disputed caretaker leadership of the African Democratic Congress.

Justice Joyce Abdulmalik, in a judgment, also restrained former Senate President David Mark and other prominent figures in the party from interfering with the functions and tenure of elected state executives.

The ruling stems 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.

Justice Abdulmalik held that the claims were valid, stating she found “the issue in the originating summons meritorious”.

Relying on Section 223 of the 1999 Constitution, which mandates political parties to conduct periodic elections based on democratic principles, and Article 23 of the ADC Constitution, which provides that national and state officers shall hold office for a maximum of two terms spanning eight years, the judge ruled that the procedure adopted by the defendants, including the appointment of a “congress committee,” was not recognised by the ADC constitution and therefore invalid.

On the defendants’ argument that the matter was an internal party affair outside the court’s jurisdiction, the judge held that while courts are generally reluctant to interfere in internal party matters, they will intervene where there is a clear allegation of violation 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 court set aside the appointment of the congress committee, restrained INEC from recognising any congress organised by it, and barred Mark and the other defendants from organising congresses or conventions outside the party’s constitution.

The defendants in the suit include the ADC, David Mark, Patricia Akwashiki, Malam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Oserheimen Osunbor, and INEC.