The leadership crisis rocking the African Democratic Congress (ADC) has taken a legal turn after a Federal High Court in Abuja blocked efforts by a disputed caretaker faction to reorganise the party at the state level.
In an interim ruling, Justice Joyce Abdulmalik restrained the Independent National Electoral Commission (INEC) from recognising or participating in any state congresses organised by the caretaker leadership, effectively freezing the process nationwide.
The court also barred former Senate President, David Mark, and other members of the faction from interfering with the tenure and functions of the party’s elected state executives.
The suit was filed by Norman Obinna and six others on behalf of ADC state chairpersons, who challenged the legality of the caretaker arrangement. They argued that the body lacks constitutional authority within the party to conduct congresses or appoint committees, warning that such actions could destabilise existing structures.
Justice Abdulmalik, in her ruling, stressed that the matter raised significant constitutional and procedural concerns.
“The issue in the originating summons is meritorious and deserving of judicial consideration,” she said.
The judge further questioned the legal standing of the caretaker leadership to assume powers reserved for elected party organs.
“The germane issue is whether the defendants have constitutional or statutory authority to assume the powers of an elected state organ of the party, whose tenure is guaranteed,” Abdulmalik stated.
She also referenced provisions of the 1999 Constitution and the ADC’s internal rules in emphasizing the importance of internal democracy and respect for tenure.
“Political parties are required to conduct periodic elections on a democratic basis, while party officers have constitutionally defined terms of office,” she noted.
The court’s decision, she explained, is intended to maintain the status quo and prevent actions that could undermine the pending suit.
“This order is to preserve the subject matter of the suit and ensure that the outcome is not rendered nugatory,” the judge added.
The case has been adjourned for further hearing, as the court moves to determine the legality of the caretaker leadership and its actions within the party.