Dare Babalola
The Federal High Court in Abuja on Wednesday restrained the Independent National Electoral Commission (INEC) from recognising or participating in any congress organised by a disputed caretaker leadership of the African Democratic Congress (ADC).
Delivering judgement, Justice Joyce Abdulmalik also restrained the Senator David Mark-led faction of the party from interfering with the tenure and functions of duly elected state executive committees.
The court held that the conduct of state congresses remains the constitutional responsibility of state executive committees of political parties, not caretaker or interim national leaderships.
Justice Abdulmalik further ruled that the four-year tenure of the ADC State Working Committees and State Executive Committees remains valid and subsisting, pending the conduct of properly constituted congresses and a national convention.
According to the court, neither the 1999 Constitution nor the ADC constitution empowers a caretaker or interim national working committee to appoint congress committees for the purpose of organising state congresses.
The suit was filed by some aggrieved state chairmen of the ADC, led by Norman Obinna and six others, who challenged the legality of the caretaker leadership.
They had asked the court to stop the David Mark-led faction from taking over the conduct of state congresses and to affirm the tenure of existing state executives.
In her judgement, Justice Abdulmalik held that the claims of the plaintiffs were meritorious, noting that the key issue was whether the caretaker leadership had constitutional authority to assume the functions of elected state organs.
She referenced Section 223 of the 1999 Constitution, which mandates political parties to operate on democratic principles, and relevant provisions of the ADC constitution which provide tenure limits for party officers.
The judge stated, “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.”
Addressing the issue of internal party affairs, the court acknowledged the general principle that courts do not interfere in political party matters but stressed that exceptions exist where there is alleged breach of constitutional or statutory provisions.
“However, where there is an allegation of breach of constitutional or statutory provisions, the court has a duty to intervene,” she held.
Justice Abdulmalik added that where a party alleges violation of its constitution, the court is bound to adjudicate the dispute.
She consequently ruled that objections challenging jurisdiction lacked merit.
The court also set aside the appointment of the disputed congress committee and restrained INEC from recognising any congress conducted by it.
Furthermore, the judge barred the Mark-led faction and other defendants from organising congresses or conventions outside the provisions of the party’s constitution, or taking actions capable of undermining existing state structures.
The court upheld the plaintiffs’ standing, holding that their grievance arose from alleged violations affecting their offices, and that they were competent to bring the action on behalf of affected state executives.
Defendants in the suit include the ADC, Senator David Mark, Patricia Akwashiki, Malam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Oserheimen Osunbor, and INEC.
The defendants had urged the court to dismiss the suit, arguing that it bordered on internal party affairs and was therefore not justiciable, while also challenging the plaintiffs’ locus standi.
However, the court resolved all preliminary objections in favour of the plaintiffs and granted the reliefs sought.
