A Federal High Court in Abuja has ruled that the caretaker leadership of the African Democratic Congress led by former Senate President David Mark lacks the legal authority to organise state congresses or set up committees for that purpose.
Delivering judgment on Wednesday, Justice Joyce Abdulmalik also restrained the Independent National Electoral Commission from recognising any congresses conducted by the disputed caretaker committee.
The suit was filed by Norman Obinna and six others on behalf of ADC state chairpersons, who argued that the party’s elected state executives remain validly in office and that any attempt to bypass them contravenes both the party constitution and the Constitution of the Federal Republic of Nigeria.
Also listed as defendants in the case were Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor and INEC.
The defendants had asked the court to dismiss the suit, arguing that the dispute concerned internal party affairs beyond judicial intervention, that the plaintiffs lacked legal standing, and that internal dispute resolution channels had not been exhausted.
However, Justice Abdulmalik rejected those arguments, holding that where violations of a party constitution or statutory provisions are alleged, the court has both the power and responsibility to intervene.
The judge found that the congress committee established by the caretaker leadership had no basis in the ADC’s governing documents and ruled that the elected state executives must be allowed to complete their tenure.
The court further restrained Mark and the other defendants from convening congresses or conventions outside the procedures laid down in the party constitution, or from taking steps capable of undermining the authority of the existing state executive committees.
Despite the ruling, the leadership crisis within the ADC remains unresolved. The Supreme Court of Nigeria is still expected to deliver judgment in a separate appeal filed by the Mark faction challenging the jurisdiction of the Federal High Court to hear the case.
