ADC CRISIS: Court Restrains INEC, Mark
Federal High Court in Abuja has stopped INEC from recognising any African Democratic Congress (ADC) state congress linked to a disputed caretaker leadership.
The court also barred former Senate President David Mark and other interim party leaders from interfering with elected ADC state executives.
Court Backs Elected ADC Executives
However, Justice Joyce Abdulmalik delivered the ruling after an originating summons filed by Norman Obinna and six others representing ADC state chairpersons.
The plaintiffs challenged the legality of the party’s caretaker leadership. They argued it lacked constitutional power to organise state congresses or set up committees for that purpose.
Consequently, they asked the court to protect elected state executives and stop parallel party structures.
Constitution Guides Court Decision
Furthermore, the court held that the claims were meritorious. Justice Abdulmalik said the main issue was whether the defendants had legal authority to take over functions of elected state party organs.
She relied on Section 223 of the 1999 Constitution. It requires political parties to conduct periodic elections on democratic principles.
Meanwhile, she also cited Article 23 of the ADC constitution. It limits tenure of party officers to two terms of eight years.
Court Rejects Internal Affairs Defence
However, the defendants argued that the dispute concerns internal party affairs and should not go to court.
In response, Justice Abdulmalik acknowledged the general rule. Courts avoid interfering in party management.
Nevertheless, she ruled that courts must act where there is an alleged breach of the constitution or law.
Consequently, she held that jurisdiction exists once a party claims violation of its constitution.
“Congress Committee” Not Recognised
Furthermore, the judge examined the creation of a “congress committee” by the defendants.
She ruled that the ADC constitution does not recognise such a structure. She added that only elected state executives have authority to organise congresses.
Therefore, she held that the tenure of existing state executives remains valid and must run its full course.
Court Freezes Parallel Structures
Meanwhile, the court set aside the appointment of the disputed committee.
It also restrained INEC from recognising any ADC congress organised by it.
In addition, Justice Abdulmalik barred Senator David Mark and other defendants from holding congresses or conventions outside the party’s constitution.
She also stopped them from taking any action that could weaken elected state executives.
Jurisdiction and Standing Upheld
However, the defendants, including ADC, Mark, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor, and INEC, urged the court to dismiss the suit.
They argued non-justiciability, lack of locus standi, and failure to exhaust internal party remedies.
In response, the court ruled that the matter falls within Federal High Court jurisdiction under Section 251 due to INEC’s involvement.
Furthermore, Justice Abdulmalik held that the plaintiffs had sufficient standing since the alleged breach affected them collectively.
Consequently, she dismissed all preliminary objections.
Orders Maintain Status Quo
Meanwhile, the court said the interim orders aim to preserve the current structure pending final judgment on the main suit.
She warned that any move outside constitutional provisions could undermine internal party democracy.
External Links
- Federal High Court of Nigeria
- Independent National Electoral Commission (INEC)
- 1999 Constitution of Nigeria
