The Federal High Court in Abuja has restrained the Independent National Electoral Commission (INEC) from recognising or participating in any congress organised by a disputed caretaker leadership of the African Democratic Congress (ADC).
In a ruling delivered by Justice Joyce Abdulmalik, the court also barred former Senate President David Mark and other party leaders from interfering with the functions and tenure of duly elected state executives.
The case was filed by Norman Obinna and six others on behalf of ADC state chairmen, challenging the legality of the caretaker committee and its plan to conduct state congresses.
Delivering judgment, the court held that only elected party structures have the constitutional authority to organise such congresses, noting that the actions of the caretaker leadership violated both the party’s constitution and Nigeria’s Constitution.
Justice Abdulmalik emphasised that although courts generally avoid interfering in internal party matters, they have a duty to act where there is a clear breach of constitutional provisions.
The court subsequently nullified the congress committee set up by the caretaker leadership and affirmed that the tenure of the state executives remains valid until properly conducted congresses are held in line with established procedures.
