BREAKING: Court nullifies ADC caretaker congress plans, bars INEC recognition

A Federal High Court in Abuja has ruled that the caretaker leadership of the African Democratic Congress (ADC), led by former Senate President David Mark, lacks the legal authority to organise state congresses or set up committees for that purpose.

Justice Joyce Abdulmalik, who delivered the judgment on Wednesday, also barred the Independent National Electoral Commission (INEC) from recognising any congress conducted by the disputed caretaker body.

The suit was filed by Norman Obinna and six others on behalf of ADC state chairpersons, who argued that the tenure of elected state executives remained valid and that attempts to bypass them contravened both the party’s constitution and national laws.

Among the defendants in the case were Mark, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor and INEC. They had challenged the suit, contending that the matter was an internal party issue beyond judicial intervention, that the plaintiffs lacked locus standi, and that internal dispute mechanisms had not been exhausted.

However, Justice Abdulmalik dismissed those objections, holding that courts are empowered to intervene where there are allegations of breaches of a party’s constitution or statutory provisions.

She found that the congress committee established by the caretaker leadership had no basis in the ADC’s governing rules and affirmed that the elected state executives must be allowed to complete their tenure.

The court further restrained Mark and other defendants from convening any congress or convention outside the provisions of the party’s constitution, as well as from taking steps capable of undermining the authority of existing state executive committees.

Justice Abdulmalik also ruled that the case fell within the jurisdiction of the Federal High Court, noting that INEC, a federal agency, was directly involved in the dispute.