
By Hafsat Ngulde
A Federal High Court in Abuja on Wednesday barred the Independent National Electoral Commission from recognising congresses conducted by a faction of the African Democratic Congress led by David Mark.
Justice Joyce Abdulmalik ruled the caretaker leadership lacked authority to organise state congresses. The decision immediately restricts INEC’s participation in any such exercises nationwide.
The court held that only duly elected state executive committees can conduct party congresses. It said national caretaker bodies cannot override those structures under either Nigerian law or party rules.
Justice Abdulmalik affirmed that existing state executives retain valid mandates. Their tenure, she said, remains effective until properly constituted congresses and a national convention are completed.
The ruling also restrained Mark and allied party figures from interfering with state executives’ functions. It underscored the autonomy of state-level structures within party governance frameworks.
Plaintiffs included Don Norman Obinna and six other party stakeholders. They sued on behalf of state chairpersons and executive committees challenging the caretaker leadership’s authority.
They argued that committees set up by the interim leadership violated the party constitution. They said such actions undermined internal democracy and procedural compliance across party structures.
The court agreed, ruling the caretaker National Working Committee lacks legal backing. It said neither the constitution nor party rules empower it to constitute congress committees.
Defendants in the suit included the ADC, Mark and other senior party figures. INEC was also listed due to its statutory oversight of political party processes.
The decision effectively invalidates any congress outcomes linked to the caretaker committees. It creates immediate operational uncertainty for party activities ahead of upcoming electoral cycles.
The judgment comes amid an ongoing leadership dispute within the ADC. Competing factions have been contesting legitimacy, control of structures and compliance with internal processes.
A pending Supreme Court ruling is expected to address broader leadership questions. The apex court had earlier reserved judgment on an appeal filed by the Mark-led faction.
The dispute has already triggered multiple legal interventions in recent months. Courts have repeatedly issued orders affecting recognition of party leadership and administrative decisions.
In September 2025, another Federal High Court order halted INEC’s recognition of Mark and allies. That ruling followed challenges to their emergence as interim leaders. Despite that, INEC had earlier acknowledged Mark and Rauf Aregbesola as national leaders after a party meeting. That position became central to the ongoing litigation.
Legal analysts say Wednesday’s judgment reinforces judicial scrutiny of party governance. It signals that internal party procedures remain subject to constitutional and statutory compliance.
For party members, the ruling affects grassroots mobilisation and leadership clarity. State executives now retain control over congress processes pending final judicial resolution.
The outcome also shapes INEC’s regulatory posture toward party disputes. The commission is now bound to disregard any congress conducted outside recognised legal frameworks.
