Court in Abuja restrains INEC from recognising ADC factional congresses and issues interim orders preserving the status of elected party executives.
The Federal High Court in Abuja has restrained the Independent National Electoral Commission (INEC) from recognising or participating in any congress organised by committees appointed by a caretaker leadership of the African Democratic Congress (ADC).
Delivering judgment on Wednesday, Justice Joyce Abdulmalik also barred the caretaker committee from interfering with the tenure and functions of duly elected state executives of the party.
The court held that the responsibility for organising state congresses lies with state executive committees, not a national leadership operating in a caretaker capacity.
Justice Abdulmalik further ruled that the four-year tenure of the ADC’s State Working Committees and State Executive Committees remains valid until congresses are properly conducted and a national convention is held in line with the party’s constitution.
The judgment followed a suit marked FHC/ABJ/CS/581/2026, filed by party members including Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr. Charles Idowu Omideji, Samuel Pam Gyang, and Obianyo Patrick. The plaintiffs said they acted on behalf of ADC state chairmen and executive committees.
Those listed as defendants include the ADC, Senator David Mark, Senator Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Prof. Oserheimen Osunbor, sued on behalf of a caretaker or interim National Working Committee and INEC.
The plaintiffs challenged the decision to constitute a congress committee for state congresses, arguing that it was inconsistent with the ADC constitution and that only duly elected party organs have the authority to conduct such exercises.
In her ruling, Justice Abdulmalik held that neither the 1999 Constitution (as amended) nor the ADC constitution empowers a caretaker or interim National Working Committee to appoint committees to conduct state congresses.
She referenced Section 223 of the Constitution, which requires political parties to conduct periodic elections based on democratic principles, and Article 23 of the ADC constitution, which provides that party officials may serve a maximum of two terms spanning eight years.
The court also noted that while courts are generally reluctant to intervene in the internal affairs of political parties, intervention may be warranted where constitutional or statutory provisions are in question.
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