Justice Joyce Abdulmalik of the Federal High Court Abuja, has barred the Independent National Electoral Commission (INEC) from recognising or participating in any state congress organised by a disputed caretaker leadership of the African Democratic Congress (ADC)
She also restrained former Senate President David Mark and other party figures from interfering with the functions and tenure of elected state executives, as the duty of conducting state congresses rests on the state executive committee and not the national executive committee.
The ruling followed an originating summons filed by Norman Obinna and six others on behalf of ADC state chairpersons and executive committees.
They challenged the legality of actions taken by a caretaker or interim national leadership.
The plaintiffs argued that the caretaker body lacked the constitutional authority to organise state congresses or appoint committees for that purpose. They asked the court to affirm their tenure and stop any parallel process.
In her judgment, Justice Abdulmalik noted that she found “the issue in the originating summons meritorious”.
She said the germane issue was whether the second to sixth defendants, including Mr Mark, had constitutional or statutory authority to assume the powers of an elected state organ of the ADC, whose tenure is constitutionally guaranteed.
According to her, section 223 of the 1999 Constitution provides that political parties shall conduct periodic elections on a democratic basis, while article 23 of the party’s constitution provides that national and state officers shall hold office for a maximum of two terms of eight years.
Justice Abdulmalik, therefore, said that “the question is whether there is any infraction committed by Mr Mark and co-defendants when they convened meetings and appointed a body known as a congress committee to organise state congresses.”
On the issue of internal affairs of political parties raised by the defendants, she noted that “the law is settled that courts will not interfere. However, where there is an allegation of breach of constitutional or statutory provisions, the court has a duty to intervene.”
