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Court Bars INEC from Recognising ADC Congresses Conducted by Mark-Led Caretaker C’ttee
A Federal High Court sitting 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 former Senate President, David Mark.
Delivering judgment on Wednesday, Justice Joyce Abdulmalik held that the tenure of the party’s state working committees and state executive committees remains valid and subsisting pending the conduct of duly constituted congresses and a properly convened national convention.
The court ruled that neither the Constitution of the Federal Republic of Nigeria nor the ADC constitution empowers the caretaker or interim National Working Committee to appoint committees to conduct state congresses.
Justice Abdulmalik further held that the responsibility for conducting state congresses lies with the party’s state executive committees, not the national leadership. She consequently restrained the Mark-led caretaker committee from interfering in the functions and tenure of duly elected state executives.
The suit, marked FHC/ABJ/CS/581/2026, was filed by aggrieved party members, including Don Norman Obinna, Johnny Tovie Derek, Obah Ehigiator, Olona Yinka, Charles Omideji, Samuel Pam Gyang, and Obianyo Patrick, who instituted the action on behalf of themselves and other state party officials.
The plaintiffs argued that the caretaker committee lacked the constitutional authority to organise state congresses or constitute committees for that purpose, urging the court to affirm their tenure and halt any parallel processes.
In her ruling, Justice Abdulmalik described the suit as meritorious, noting that the central issue was whether the defendants, including David Mark, possessed the constitutional or statutory powers to assume the functions of elected state organs of the party.
Citing Section 223 of the 1999 Constitution, the court emphasised that political parties are required to conduct periodic elections on a democratic basis. The judge also referenced provisions of the ADC constitution which stipulate the tenure of party officials.
On the argument that the matter concerns the internal affairs of a political party, the court held that it has jurisdiction where there is an alleged breach of constitutional or statutory provisions.
“Where a party alleges a violation of its constitution, the court is duty-bound to adjudicate. Any argument that this court lacks jurisdiction on that basis is untenable,” the judge ruled.
Justice Abdulmalik stressed that political parties must strictly adhere to their constitutions, adding that the court will not hesitate to intervene where such provisions are breached.
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