By Muhammed Abubakar, Reporting
ABUJA – A Federal High Court in Abuja has issued a sweeping order restraining the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses organised by committees appointed by the caretaker leadership of the African Democratic Congress (ADC).
Justice Joyce Abdulmalik, delivering the landmark ruling on Wednesday, affirmed that the responsibility for conducting state congresses lies squarely with the party’s state executive structures, not the national caretaker team.
In her judgement, Justice Abdulmalik held that the existing State Working Committees and State Executive Committees of the ADC still possess a valid four-year mandate.
She ruled that their tenure remains legally binding until properly conducted congresses give way to a national convention.
The court further declared that the interim National Working Committee, led by former Senate President David Mark, has no legal authority to set up ad-hoc committees for the purpose of conducting state congresses.
“Neither the Nigerian Constitution nor the party’s own constitution vests such powers in an interim leadership,” Justice Abdulmalik stated.
Challenge to April Congresses
The legal action, it will be recalled, was brought by a group of party chieftains including Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr. Charles Idowu Omideji, Samuel Pam Gyang, and Obianyo Patrick. They sued on their own behalf and on behalf of other state party leaders across the country.
The plaintiffs argued that the Mark-led leadership acted outside its powers by appointing a congress committee, insisting that any congress conducted under such an arrangement would violate the party’s constitution.
The defendants in the suit included the ADC, Mr David Mark, Patricia Akwashiki, Bolaji Abdullahi, Rauf Aregbesola, Oserheimen Osunbor, and INEC. They were sued in connection with their roles in the caretaker structure.
The plaintiffs specifically challenged the planned state congresses scheduled for April 2026, maintaining that allowing the caretaker committee to supervise the exercise would fundamentally undermine internal party democracy and due process.
Immediate Implications
As a result of the development, INEC is now formally barred from recognising any outcome arising from congresses conducted by committees linked to the caretaker leadership. The ruling is seen as a significant victory for state-level party executives seeking to assert their constitutional powers against the national interim body.
Attempts to reach the Mark-led leadership for comment were unsuccessful as of press time.
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