Court Bombshell: INEC Barred From Recognising ADC Congresses, David Mark Restrained

The 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.....KINDLY READ THE FULL STORY HERE▶

In a ruling delivered by Justice Joyce Abdulmalik on Wednesday, the court also barred former Senate President David Mark and other party figures from interfering with the duties and tenure of elected state executives.

The suit was filed by Norman Obinna and six others on behalf of state chairpersons and executive committees, challenging the legality of actions taken by the party’s interim national leadership.

The plaintiffs argued that the caretaker leadership lacked constitutional powers to organise congresses or constitute committees for that purpose.

Delivering judgment, Justice Abdulmalik upheld the claims, describing the suit as meritorious and ruling that the appointment of a congress committee by the defendants was not recognised under the ADC constitution and was therefore invalid.

The court held that only duly elected party organs have the authority to conduct congresses and affirmed that the tenure of state executive committees remains valid and cannot be disrupted.

Addressing arguments that the matter was purely an internal party affair, the judge acknowledged that courts generally avoid interfering in such disputes but noted that intervention is justified where constitutional or statutory breaches are alleged.

She ruled that claims challenging the court’s jurisdiction on that basis could not stand.

The court further restrained Mark and other defendants from organising congresses or conventions outside the provisions of the party’s constitution and barred them from taking actions capable of undermining the authority of the state executive committees.

It also nullified the appointment of the congress committee and set aside all processes initiated through it.

The plaintiffs had argued that, under the ADC constitution and the 1999 Constitution, the tenure of state executives remains valid until proper congresses are conducted in line with laid-down procedures, warning that attempts to bypass elected structures threaten internal democracy and the rule of law.

However, the defendants, including the ADC and other party leaders, opposed the suit, insisting it concerned internal party affairs and arguing that the plaintiffs lacked legal standing and had not exhausted internal dispute resolution channels.