A Federal High Court in Abuja has restrained the Independent National Electoral Commission (INEC) from recognising or taking part in any congress organised by the disputed caretaker leadership of the African Democratic Congress (ADC). Justice Joyce Abdulmalik also barred former Senate President David Mark and other party stakeholders from interfering with the duties and tenure of the party’s elected state executives.
The ruling followed a suit filed by Norman Obinna and six others on behalf of ADC state chairpersons and executive committees, challenging the legality of actions taken by the party’s caretaker leadership. The plaintiffs argued that the interim leadership lacked constitutional authority to organise state congresses or appoint committees for that purpose, urging the court to affirm the tenure of the elected state executives.
Delivering judgment, Justice Abdulmalik held that the claims raised in the originating summons were valid and deserving of judicial intervention. The judge said the key issue was whether David Mark and other defendants had constitutional or statutory authority to assume powers reserved for elected state organs of the party.
She cited Section 223 of the 1999 Constitution, which mandates political parties to conduct periodic democratic elections, as well as Article 23 of the ADC constitution, which stipulates tenure limits for party officers. Justice Abdulmalik ruled that the procedure adopted by the defendants, including the creation of a congress committee, was not recognised by the ADC constitution.
While acknowledging that courts generally avoid interfering in the internal affairs of political parties, she noted that judicial intervention becomes necessary where there is evidence of constitutional or statutory violations. According to the court, any claim that the matter was beyond judicial review lacked merit because the case involved alleged breaches of constitutional provisions.
The judge affirmed that the tenure of the state executive committees remains valid and that only those duly elected structures have the authority to organise state congresses. She consequently nullified the appointment of the congress committee and restrained INEC from recognising any congress conducted by it. The court also prohibited David Mark and the other defendants from organising congresses or conventions outside the framework of the party’s constitution.
Additionally, they were restrained from taking any action capable of undermining the authority of the elected state executive committees.The defendants in the suit include the ADC, David Mark, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor and INEC. The defence had argued that the matter was an internal party dispute, that the plaintiffs lacked legal standing, and that the suit was incompetent.
However, Justice Abdulmalik dismissed those objections, ruling that the case falls within the jurisdiction of the Federal High Court because it directly concerns INEC’s role. She also held that the plaintiffs had sufficient legal standing, noting that their claims arose from an alleged violation affecting all the represented state executives.
Source: https://guardian.ng/
