Court has restrained INEC and David Mark from interfering in the deepening leadership crisis within the African Democratic Congress (ADC). In a judgment delivered on Wednesday by Justice Joyce Abdulmalik in Abuja, the court barred the Independent National Electoral Commission from recognising or participating in any congress organised by the party’s disputed caretaker leadership.
The ruling also barred former Senate President David Mark and other prominent figures including Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, and Oserheimen Osunbor from interfering with the functions and tenure of the party’s elected state executives.
How the Case Began
The suit was filed by Norman Obinna and six others, representing ADC state chairpersons and executive committees across Nigeria. The plaintiffs challenged the legality of actions taken by the party’s caretaker or interim national leadership specifically, its attempt to organise state congresses through an appointed committee.
They argued that the caretaker body had no constitutional authority to convene congresses or appoint any committee for that purpose, insisting that only duly elected party organs recognised under the ADC’s constitution hold such powers.
What the Court Decided
Justice Abdulmalik found the plaintiffs’ claims meritorious, ruling that the appointment of a “congress committee” by the caretaker leadership was not recognised under the ADC constitution and was therefore invalid.
The judge relied on Section 223 of the 1999 Constitution, which mandates political parties to conduct periodic elections based on democratic principles, and Article 23 of the ADC Constitution, which provides that national and state officers shall hold office for a maximum of two terms spanning eight years.
On the defendants’ argument that the matter was an internal party affair beyond the court’s jurisdiction, Justice Abdulmalik was unequivocal courts will intervene where constitutional or statutory provisions have been allegedly breached.
“Where a party alleges that its constitution has been violated, the court is bound to adjudicate.”
— Justice Joyce Abdulmalik
Key Orders Made by the Court
The court issued a series of far-reaching orders with direct implications for the ADC’s internal structure and upcoming political activities:
- INEC is restrained from recognising any congress organised by the caretaker leadership or its appointed committee
- David Mark and co-defendants are barred from organising congresses or conventions outside the party’s constitutional provisions
- The defendants are restrained from taking any steps capable of undermining the authority of elected state executive committees
- The tenure of elected state executives is affirmed and must be allowed to run its full course
- Only elected structures have the authority to organise valid state congresses
The ruling delivers a significant blow to the caretaker faction and reaffirms the principle that internal party democracy must operate strictly within constitutional boundaries a precedent with implications far beyond the ADC alone.
As Nigeria inches closer to the 2027 election cycle, the battle for control of party structures is intensifying. This judgment makes clear that the courts will not hesitate to step in where democratic processes within political parties are compromised. For more on Nigeria’s electoral laws and party regulations, visit the INEC official website and the Policy and Legal Advocacy Centre (PLAC).
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