A Federal High Court in Abuja has stopped the Independent National Electoral Commission (INEC) from recognising any state congresses of the African Democratic Congress, ADC, that are not conducted by duly elected state executives of the party.
Justice Joyce Abdulmalik, who delivered the judgment also restrained former Senate President David Mark, and other members of the party’s disputed interim leadership from interfering in the affairs of ADC state executives.
The suit was filed by Norman Obinna and six others, representing ADC state chairmen and executive committees, who challenged the authority of the party’s caretaker leadership to organise state congresses.
The plaintiffs argued that the interim leadership acted outside the powers granted by the party’s constitution by setting up a committee to oversee congresses at the state level.
In her ruling, Justice Abdulmalik held that the issue raised by the plaintiffs had merit, stressing that only properly elected state structures have the constitutional authority to organise congresses.
She noted that Section 223 of the 1999 Constitution requires political parties to conduct democratic elections, while the ADC constitution guarantees the tenure of national and state officers.
The judge ruled that the congress committee created by the defendants had no legal backing under the party’s constitution and declared its actions invalid.
The trial Judge further held that courts can intervene in political party disputes where there is evidence of violations of constitutional or statutory provisions, dismissing claims by the defendants that the matter was purely an internal party affair.
Justice Abdulmalik also rejected objections challenging the competence of the suit, affirming that the plaintiffs had the legal right to institute the action and that the Federal High Court had jurisdiction because the case involved INEC.
The defendants in the suit include the ADC, David Mark, Rauf Aregbesola, Patricia Akwashiki, Bolaji Abdullahi, Oserheimen Osunbor and INEC.
The court ultimately ruled that the tenure of existing state executives remains valid until properly conducted congresses are held in line with the party’s constitution.
(Editor: Anoyoyo Ogiagboviogie)
