Justice Joyce Abdulmalik, who delivered the judgment on Wednesday, also barred David Mark and other defendants from taking any action capable of disrupting the tenure and functions of elected state executives of the ADC.
The Federal High Court in Abuja has restrained the Independent National Electoral Commission (INEC) from recognising or participating in any congress organised by the African Democratic Congress (ADC), while also stopping former Senate President David Mark and others from interfering in the party’s leadership structure.
Justice Joyce Abdulmalik, who delivered the judgment on Wednesday, also barred David Mark and other defendants from taking any action capable of disrupting the tenure and functions of elected state executives of the ADC.
The case was filed by Norman Obinna and six others on behalf of state chairpersons and executive committees of the party, who challenged the actions of a caretaker or interim national leadership.
They argued that the caretaker structure had no constitutional backing to organise state congresses or set up committees for that purpose, insisting that only duly elected party organs are empowered to do so under the ADC constitution.
The plaintiffs therefore urged the court to uphold the tenure of existing state executives and stop any parallel process that could weaken their authority.
In her ruling, Justice Abdulmalik held that the claims raised were valid and required judicial intervention, especially where allegations of constitutional breaches were involved.
She identified the key issue as whether David Mark and other defendants had any legal or constitutional authority to assume the powers of elected party structures whose tenure is protected under the ADC constitution.
The court relied on Section 223 of the 1999 Constitution, which mandates internal democracy in political parties, as well as Article 23 of the ADC Constitution, which limits tenure of party officers to two terms of four years each.
The judge questioned the legality of appointing a “congress committee” to conduct state congresses, noting that the party’s constitution did not provide for such a structure.
On the argument that the dispute was an internal party matter outside the court’s jurisdiction, Justice Abdulmalik said courts will not interfere in party affairs except where there is an alleged breach of the constitution or statutory provisions.
She held that once such allegations are raised, the court is bound to intervene, adding that the objection to jurisdiction in this case could not stand.
The court found that the process adopted by the defendants was not recognised by the ADC constitution and was therefore invalid.
It consequently affirmed the continued validity of the existing state executive committees and ruled that they must be allowed to complete their tenure without interference.
Justice Abdulmalik also nullified the appointment of the congress committee and restrained INEC from recognising any congress conducted by it.
Additionally, David Mark and the other defendants were barred from organising or participating in any congresses or conventions outside the provisions of the party’s constitution.
The court further restrained them from taking any steps that could undermine or disrupt the authority of duly elected ADC state executives.
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