Court Restrains INEC From Recognising ADC Caretaker Congresses, Bars David Mark Faction From Interfering With State Executives

A 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 (ADC), deepening the legal contest over control of the party.

In a judgment delivered Wednesday, Justice Joyce Abdulmalik also barred a faction linked to former Senate President David Mark and other party figures from interfering with elected ADC state executives or organising congresses outside the party’s constitutional framework.

The ruling followed a suit filed by Norman Obinna and six others on behalf of ADC state chairpersons and executive committees, who challenged the legality of actions taken by an interim national leadership.

The plaintiffs argued that the caretaker body lacked constitutional authority to organise state congresses or appoint committees to oversee them, asking the court to affirm the tenure of elected state structures and stop parallel congresses.

Justice Abdulmalik agreed, holding that the appointment of a congress committee by the defendants was not recognised under the ADC constitution.

She ruled that elected state executive committees remain valid and retain the sole authority to organise state congresses, setting aside the disputed committee and restraining INEC from recognising any congress it conducts.

The court also barred David Mark and other defendants from convening congresses or conventions outside the party constitution and from taking steps capable of undermining the authority of state executives.

In her ruling, the judge held that while courts generally avoid interfering in the internal affairs of political parties, judicial intervention is warranted where constitutional or statutory breaches are alleged.

She cited Section 223 of the 1999 Constitution, which mandates democratic internal party elections, alongside Article 23 of the ADC constitution, which sets tenure limits for party officers.

The defendants had argued the case concerned internal party matters beyond judicial review and challenged the plaintiffs’ legal standing and the court’s jurisdiction.

But the court dismissed those objections.

On jurisdiction, Justice Abdulmalik held the case fell within the Federal High Court’s powers because it involved INEC. She also ruled that the plaintiffs had standing to sue and that their representative action was properly brought.

The defendants in the suit include the ADC, David Mark, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor and INEC.

The judgment comes as the Supreme Court is yet to rule on a related appeal brought by the Mark-led faction in the broader leadership dispute.

The apex court reserved judgment on 22 April after hearing arguments on whether the Federal High Court has jurisdiction over the matter — a decision that could shape the next phase of the crisis.

An earlier proceeding before Justice Emeka Nwite of the Federal High Court had been adjourned indefinitely pending the Supreme Court’s decision.

With Wednesday’s ruling, the struggle over the ADC’s leadership now remains split between ongoing proceedings at the Federal High Court and the awaited Supreme Court verdict, which could determine the long-term direction of the party.