Federal High Court Bars Independent National Electoral Commission From Recognising African Democratic Congress Caretaker Congresses

The Federal High Court in Abuja has restrained the Independent National Electoral Commission from recognising or participating in any state congresses organised by the disputed caretaker leadership of the African Democratic Congress. 

In a ruling delivered by Justice Joyce Abdulmalik, the court also barred former Senate President David Mark and other party figures from interfering with the functions and tenure of duly elected state executive committees of the party. 

The case was brought before the court by Norman Obinna and six others, who filed the suit on behalf of ADC state chairpersons and their executive members. 

The plaintiffs challenged the legality of the caretaker or interim national leadership, arguing that it lacks constitutional authority under the party’s framework to organise congresses or appoint committees. 

Justice Abdulmalik, in her ruling, stated that the issues raised were “meritorious,” focusing on whether the defendants had any legal basis to assume powers reserved for elected party organs. 

She referenced Section 223 of the 1999 Constitution, which mandates political parties to conduct internal elections democratically, alongside provisions of the ADC constitution that define tenure and authority. 

The court held that while internal party affairs are generally not subject to judicial interference, exceptions exist where constitutional or statutory breaches are alleged. In such cases, the judiciary has a duty to intervene. 

According to the ruling, the process adopted by the defendants, including the creation of a “congress committee,” is not recognised by the party’s constitution. 

As a result, the court invalidated the committee and ruled that only duly elected state executives have the authority to organise congresses. 

The judge further ordered that the tenure of current state executive committees must be respected and allowed to run its full course. She also restrained the defendants from taking any steps capable of undermining or disrupting the authority of these elected structures. 

In addition, the court directed INEC to refrain from recognising any congress conducted outside the provisions of the party’s constitution, effectively preserving the status quo pending the final determination of the substantive suit. 

The defendants, including David Mark and other party stakeholders, had argued that the matter was an internal party issue and not justiciable. They also challenged the plaintiffs’ legal standing and competence of the suit. 

However, the court dismissed these objections at this stage, affirming its jurisdiction to hear the matter. The ruling underscores ongoing tensions within the ADC and highlights broader concerns about internal democracy in Nigerian political parties as preparations for future elections continue.