Court takes action on ADC, David Mark
The Federal High Court in Abuja has barred the Independent National Electoral Commission (INEC) from recognizing or taking part in any state congress organized by a disputed caretaker leadership of the African Democratic Congress (ADC).
The court also restrained a group linked to former Senate President David Mark and other party leaders from taking steps that could interfere with the work of elected state executives of the party.
Justice Joyce Abdulmalik ruled on a case filed by Norman Obinna and six other ADC members who said they were acting for state chairmen and executive committees of the party across the country. They challenged the legality of a caretaker national leadership and its actions.
The plaintiffs told the court that only elected state executives have the right to organise congresses under the party’s constitution and that the caretaker group had no legal backing to form committees or run party congresses in the states. They asked the court to protect their tenure and stop any parallel arrangements.
In her ruling, the judge said the main issue was whether the defendants, including David Mark and others, had the power under the party rules and the Constitution to take over duties that belong to elected state officials whose tenure is still valid.
She explained that the Constitution requires political parties to follow democratic processes in selecting leaders, while the ADC constitution also fixes terms for party officers. Based on this, she said state executives remain in office until their tenure expires and cannot be replaced through unofficial structures.
The court also noted that the process used by the caretaker group, including setting up a so-called congress committee, is not supported by the party’s constitution. It ruled that only elected state executives can organise state congresses.
Justice Abdulmalik dismissed arguments from the defendants that the matter was purely an internal party issue and not for the court. She held that when there is an allegation of breach of constitutional or legal rules, the court has the duty to step in.
The court therefore stopped INEC from recognising any congress organised by the disputed caretaker group. It also restrained David Mark and other defendants from holding congresses or conventions outside the party’s approved process.
The judge further said they must not take actions that weaken or disrupt the authority of existing state executive committees.
The suit was filed against ADC, David Mark, Patricia Akwashiki, Malam Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor, and INEC.
The defendants had asked the court to dismiss the case, arguing that it concerned internal party affairs and that the plaintiffs had no legal right to sue. The court rejected those arguments and said the plaintiffs had shown enough interest as affected party officials.
The judge also ruled that the Federal High Court has jurisdiction over the matter because it relates partly to actions involving INEC.
The leadership crisis in ADC is still before higher courts, with a Supreme Court decision expected on an appeal linked to the dispute. The outcome of that case is expected to affect the final resolution of the party’s internal conflict.
