The Federal High Court in Abuja has 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).
In a judgment delivered on Wednesday, Justice Joyce Abdulmalik also barred former Senate President, David Mark, and other prominent party figures from interfering with the functions and tenure of duly elected state executives.
The ruling marks a significant development in the ongoing leadership crisis within the ADC, with implications for control of party structures ahead of future political activities.
The case originated from a suit filed by Norman Obinna and six others on behalf of state chairpersons and executive committees of the party. The plaintiffs challenged the legality of actions taken by a caretaker or interim national leadership, particularly its move to organise state congresses through an appointed committee.
They argued that the caretaker body lacked constitutional authority to conduct such congresses or appoint committees for that purpose, insisting that only duly elected party organs recognised by the party’s constitution possess such powers.
The plaintiffs therefore sought the court’s affirmation of the tenure of the state executive committees and an order restraining any parallel processes capable of undermining their authority.
In her ruling, Justice Abdulmalik held that the claims were valid and deserving of judicial consideration, noting alleged breaches of constitutional and statutory provisions.
She stated that she found “the issue in the originating summons meritorious,” framing the core question as whether the defendants had the legal authority to assume the powers of elected state organs of the ADC.
The court relied on Section 223 of the 1999 Constitution, which mandates political parties to conduct periodic elections based on democratic principles, as well as Article 23 of the ADC Constitution, which provides that party officers may serve a maximum of two terms spanning eight years.
Addressing the defendants’ argument that the matter was an internal party affair beyond the court’s jurisdiction, the judge acknowledged the general legal principle but clarified that courts can intervene where constitutional or statutory violations are alleged.
“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,” she ruled.
Justice Abdulmalik further emphasised that political parties must operate strictly within their constitutional frameworks, adding that any deviation, especially in leadership matters, cannot be justified under claims of internal autonomy.
She found that the appointment of a “congress committee” by the defendants was not recognised under the ADC constitution and was therefore invalid.
Consequently, the court affirmed that the tenure of the state executive committees remains valid and must run its full course without interference. It also ruled that only elected party structures have the authority to organise state congresses.
In a series of orders, the court nullified the congress committee, restrained INEC from recognising any congress conducted by it, and barred David Mark and other defendants from organising congresses or conventions outside constitutional provisions.
They were also prohibited from taking any actions capable of undermining or disrupting the authority of the state executive committees.
The defendants in the suit include the ADC, David Mark, Patricia Akwashiki, Malam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Oserheimen Osunbor, and INEC.
While the plaintiffs maintained that the tenure of state executives subsists until valid congresses are conducted in line with laid-down procedures, the defendants had argued that the matter was purely internal, questioned the plaintiffs’ legal standing, and insisted that internal dispute resolution mechanisms were not exhausted before approaching the court.
The ruling now reinforces the authority of elected party structures and sets clear limits on the powers of interim leadership within the ADC.
Elijah Adeyemi
No comments:
Post a Comment