Court bars INEC from recognising ADC caretaker-led congresses

…affirms state autonomy in leadership tussle

​A Federal High Court in Abuja has restrained the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses organised by the disputed caretaker leadership of the African Democratic Congress (ADC).

​In a judgment delivered on Wednesday, Justice Joyce Abdulmalik also barred the faction led by David Mark, a former Senate President, from interfering with the tenure and functions of duly elected state executives of the party. The court held that the responsibility for conducting state congresses lies with the party’s state executive committees, not the national leadership.

​The court further affirmed that the tenure of the ADC’s State Working Committees and State Executive Committees remains valid and subsisting until properly constituted congresses are conducted and a national convention is convened.

​Justice Abdulmalik ruled that neither the Nigerian Constitution nor the ADC constitution empowers the party’s Caretaker/Interim National Working Committee, led by Mark, to appoint committees to conduct state congresses. The suit was instituted by Norman Obinna and six others on behalf of aggrieved ADC state chairmen and executive committees challenging the legality of actions taken by the interim national leadership.

​In her ruling, the judge described the plaintiffs’ case as meritorious, noting that the central issue was whether the defendants had the legal authority to assume the powers of elected state organs whose tenure is constitutionally guaranteed. Citing Section 223 of the 1999 Constitution and relevant provisions of the ADC constitution, the court emphasised that political parties must adhere strictly to democratic principles and their internal rules.

​While acknowledging that courts generally refrain from interfering in the internal affairs of political parties, Justice Abdulmalik held that judicial intervention becomes necessary where there is an alleged breach of constitutional or statutory provisions. She found that the process adopted by the defendants, including the appointment of a congress committee, was inconsistent with the party’s constitution and therefore invalid.

​Restrictions on interim national leadership

​The court then set aside the appointment of the committee and restrained INEC from recognising any congress conducted by it. The court also barred Mark and other defendants from organising congresses or conventions outside the framework of the party’s constitution, as well as from taking actions capable of undermining the authority of the state executive committees.

​Regarding preliminary objections raised by the defendants, the court held that the matter fell within its jurisdiction, as it related in part to the role of INEC under Section 251 of the Constitution. The judge dismissed arguments that the plaintiffs failed to exhaust internal dispute resolution mechanisms, ruling that such considerations would prematurely delve into substantive issues.

​Standing and jurisdiction confirmed

​She also affirmed that the plaintiffs had the requisite locus standi, having demonstrated a common grievance arising from the alleged violations. The defendants in the suit include the ADC, David Mark, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor, and INEC.

​The defendants had urged the court to dismiss the case on the grounds that it concerned the internal affairs of a political party and was therefore not justiciable, while also challenging the competence of the suit and the standing of the plaintiffs.