Nigeria’s political landscape witnessed a significant judicial intervention on Wednesday as the Federal High Court in Abuja issued a restraining order against the Independent National Electoral Commission (INEC), preventing it from recognising or participating in any congress organised by a contested caretaker leadership within the African Democratic Congress (ADC).

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The ruling, delivered by Justice Joyce Abdulmalik, marks a crucial turning point in the ongoing leadership crisis that has plagued the party. The court also barred former Senate President, David Mark, alongside other key figures, from interfering with the constitutionally recognised tenure and responsibilities of elected state executives.

The legal dispute originated from an action filed by Norman Obinna and six others, representing ADC state chairpersons and executive committees. The plaintiffs challenged the legitimacy of a caretaker or interim national leadership, accusing it of overstepping its constitutional bounds.

Court Clarifies Constitutional Control in Crisis

Central to the case was the controversial move by the caretaker leadership to organise state congresses through an appointed committee. The plaintiffs argued that such actions violated the party’s constitution, which clearly stipulates that only duly elected organs possess the authority to conduct congresses.

They further contended that allowing parallel structures to operate would undermine the legitimacy of elected officials and destabilise the party’s organisational framework. As a result, they sought judicial protection to affirm their tenure and halt any unauthorised processes.

In her judgment, Justice Abdulmalik ruled in favour of the plaintiffs, declaring that their claims were valid and supported by both constitutional and statutory provisions. She described the originating summons as “meritorious,” underscoring the seriousness of the constitutional breaches alleged.

The court examined whether the defendants, particularly David Mark and others, had any legal authority to assume the functions of elected state organs. In addressing this, the judge referenced Section 223 of the 1999 Constitution, which mandates political parties to operate on democratic principles and conduct periodic elections.

She also cited Article 23 of the ADC Constitution, which guarantees that party officials serve defined terms, not exceeding two terms spanning eight years. According to the court, any attempt to bypass these provisions threatens the democratic foundation of the party.

Justice Abdulmalik posed a critical question during the proceedings: whether the defendants committed an infraction by convening meetings and appointing a congress committee to organise state-level elections. Her conclusion suggested that such actions lacked legal backing and were inconsistent with established party rules.

The defence had argued that the matter was purely an internal party affair, traditionally outside the jurisdiction of the courts. While acknowledging this general legal principle, the judge clarified that judicial intervention becomes necessary when there are clear violations of constitutional or statutory provisions.

This distinction proved decisive in the ruling, as the court asserted its authority to intervene in order to uphold the rule of law and protect democratic processes within political parties.

The judgment carries significant implications for the ADC, particularly as political parties begin preparations for future elections. By restraining INEC from recognising disputed congresses, the court has effectively halted any attempts to legitimise parallel leadership structures.

Observers note that the decision reinforces the importance of constitutional compliance within political organisations and sends a strong message against arbitrary leadership actions.

As the ADC navigates this internal crisis, the ruling is expected to shape the party’s direction and influence broader discussions on internal democracy in Nigeria’s political system.

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