A Federal High Court in Abuja has restrained the Independent National Electoral Commission (INEC) from recognising or taking part in any state congresses organised by a caretaker leadership of the African Democratic Congress (ADC).
Delivering judgment on Wednesday, Justice Joyce Abdulmalik ruled that the tenure of the party’s state working committees and state executive committees remains valid until properly conducted congresses and a national convention are held.
The court held that neither Nigeria’s constitution nor the ADC’s internal rules empower the caretaker national working committee, reportedly led by David Mark, to appoint committees for the conduct of state congresses.
Justice Abdulmalik emphasised that the responsibility for organising such congresses lies with the party’s state executive structures, not the national body. She consequently restrained the caretaker leadership from interfering with the functions or tenure of elected state officials.
The suit, marked FHC/ABJ/CS/581/2026, was instituted by aggrieved party members, including Don Norman Obinna and others, representing state chairmen and executive committees across the country. They argued that the caretaker committee lacked constitutional backing to organise parallel congresses or dissolve existing state structures.
In her ruling, the judge described the claims as meritorious and addressed the central issue of whether the defendants had legal authority to override elected party organs whose tenure is protected by law.
Citing Section 223 of the 1999 Constitution, she noted that political parties are required to conduct periodic internal elections based on democratic principles. She also referenced provisions of the ADC constitution that stipulate tenure limits for party officials.
On the argument that party matters are purely internal, the court held that it has jurisdiction where there is an alleged breach of constitutional or statutory provisions.
The judgment effectively halts any moves by the caretaker leadership to proceed with state congresses outside the framework of the party’s constitution, reinforcing the authority of existing state executives pending due process.
