GistReel
A Federal High Court sitting in Abuja has stopped the Independent National Electoral Commission (INEC) from recognising or engaging in any state congresses organised by a caretaker leadership of the African Democratic Congress (ADC).
The decision, delivered on Wednesday by Justice Joyce Abdulmalik, affirmed that the tenure of the party’s state working and executive committees remains in force.
The judge noted that these structures must stay in place until valid congresses are conducted and a national convention is properly convened.
Caretaker committee lacks authority
In her ruling, the judge made it clear that the ADC’s caretaker leadership, headed by David Mark, does not have the legal backing to set up committees for state congresses.
She explained that both the Nigerian Constitution and the party’s internal rules do not grant such powers to an interim or caretaker national working committee.
According to the court, the responsibility for organising state congresses rests solely with the recognised state executive committees.
State executives protected
Justice Abdulmalik also barred the caretaker committee from interfering with the duties or tenure of elected state officials within the party.
She emphasised that those currently holding state positions were duly elected and must be allowed to complete their tenure unless removed through lawful processes.
Aggrieved members approach court
The case, filed under suit number FHC/ABJ/CS/581/2026, was brought by several party members, including Don Norman Obinna, Johnny Tovie Derek, Obah Ehigiator, Olona Yinka, Charles Omideji, Samuel Pam Gyang, and Obianyo Patrick.
They approached the court on behalf of ADC state chairmen and executive members across the country, challenging what they described as an unlawful attempt to sideline existing structures.
The plaintiffs maintained that the caretaker committee had no constitutional right to organise parallel congresses or appoint committees for that purpose.
Court rejects jurisdiction argument
Responding to claims that the matter was purely internal and outside judicial review, the court disagreed.
Justice Abdulmalik held that the judiciary has the responsibility to step in when there are allegations of constitutional breaches.
She cited relevant provisions of the 1999 Constitution, which require political parties to operate democratically, alongside sections of the ADC constitution that define tenure and internal processes.
The judge concluded that the plaintiffs’ case had merit and reaffirmed that political parties must strictly comply with both national laws and their own governing documents.