The Federal High Court in Abuja has restrained INEC from recognising any state congresses conducted by committees appointed by the David Mark-led caretaker leadership of the African Democratic Congress (ADC).
Delivering judgment on Wednesday, Justice Joyce Abdulmalik held that the responsibility for conducting state congresses rests with the party’s state executive committees, not the national leadership.
She held that while courts are generally reluctant to interfere in internal party matters, they will intervene where there is a clear allegation of violation of constitutional or statutory provisions.
“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.
“Where a party alleges that its constitution has been violated, the court is bound to adjudicate. Any argument that this court lacks jurisdiction on that basis fails,” the Judge added.
The court further ruled that the four-year tenure of the ADC’s State Working Committees and State Executive Committees remains valid and subsisting, pending the conduct of properly constituted congresses and the convocation of a national convention.
Justice Abdulmalik also held that neither the Nigerian Constitution nor the party constitution empowers the caretaker/interim National Working Committee, led by David Mark, to appoint committees to conduct state congresses.
The judgment is on the suit marked: FHC/ABJ/CS/581/2026 filed by Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr. Charles Idowu Omideji, Samuel Pam Gyang, and Obianyo Patrick as plaintiffs, suing for themselves and on behalf of all State Chairmen and State Executive Committees of the African Democratic Congress (ADC).