Court bars INEC from recognising ADC congresses

A Federal High Court in Abuja has restrained the Independent National Electoral Commission (INEC) from recognising or participating in any congresses organised by committees set up by the caretaker leadership of the African Democratic Congress (ADC).

Delivering judgment on Wednesday, Justice Joyce Abdulmalik also barred the Senator David Mark-led caretaker/interim leadership of the party from interfering with the tenure and functions of duly elected state executive committees of the ADC.

The case was filed by a group of aggrieved party members who argued that the caretaker leadership had no constitutional authority to constitute committees to conduct state congresses.

The defendants include the ADC, Senator David Mark, Senator Patricia Akwashiki, Mallam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, and Professor Oserheimen Osunbor, who are associated with the party’s interim national structure, as well as the Independent National Electoral Commission.

The plaintiffs, who said they were acting on behalf of state chairmen and executive committees of the African Democratic Congress, challenged the legality of plans by the caretaker leadership to oversee state congresses scheduled for April 2026.

They argued that such actions violated the party’s constitution and that only elected state party organs were empowered to conduct congresses.

In her ruling, Justice Abdulmalik held that neither the 1999 Constitution nor the ADC constitution granted the caretaker leadership powers to appoint congress committees.

She noted that Section 223 of the Constitution requires political parties to operate democratically, while relevant provisions of the ADC constitution set limits on tenure and internal governance structures.

The judge added that although courts are generally reluctant to interfere in the internal affairs of political parties, they must intervene where there is an alleged breach of constitutional or statutory provisions.

The court consequently upheld the plaintiffs’ claims, ruling that the tenure of existing state executive committees remains valid and must run its full course. It also nullified any congress arrangements initiated by the caretaker leadership.

The judgment is expected to intensify internal tensions within the ADC as the party continues preparations ahead of future electoral activities.