ABUJA, Apr 29 (THE AFRICAN PORTAL) – A Federal High Court in Abuja has barred Nigeria’s electoral body, the Independent National Electoral Commission (INEC), from recognising or taking part in any state congress organised by a caretaker leadership of the African Democratic Congress (ADC).
In a judgment delivered on Wednesday, Justice Joyce Abdulmalik ruled that committees set up by a faction led by former Senate President David Mark had no authority to conduct such congresses.
The court also restrained the Mark-led group from interfering with the tenure and functions of elected state executives of the party, stating that responsibility for organising state congresses rests with state-level party structures, not the national leadership.
It held that the four-year tenure of the ADC’s State Working Committees and State Executive Committees remains valid until properly constituted congresses are held and a national convention convened.
The ruling followed a lawsuit filed by several party members, who said they were acting on behalf of state chairmen and executive committees nationwide. They challenged the legality of the caretaker leadership’s decision to appoint committees to oversee state congresses scheduled for April 2026.
The plaintiffs argued that such actions violated the party’s constitution, which they said grants only duly elected organs the power to conduct congresses.
Agreeing with their position, the court found that neither Nigeria’s 1999 Constitution nor the ADC’s internal rules empowered the caretaker committee to set up congress panels.
Justice Abdulmalik noted that while courts typically avoid вмешing in the internal affairs of political parties, they may step in where there is evidence of constitutional or statutory breaches.
She cited provisions requiring political parties to conduct periodic, democratically grounded elections, adding that party officers are limited to a maximum of two terms spanning eight years.
The court concluded that the existing state executive committees must be allowed to complete their tenure without interference, and it nullified any congress process initiated by the caretaker leadership.
