A Federal High Court in Abuja on Wednesday stopped the INEC from recognising or participating in any congress organised by a disputed caretaker leadership of the ADC.
In a ruling by Justice Joyce Abdulmalik, the court also prohibited key members of the party, including former Senate President David Mark, from meddling in the duties and term of elected state officials.
With obvious ramifications for the control of party structures ahead of upcoming political activities, the ruling is the most recent development in the long-running leadership struggle inside the ADC.
The case started with a summons that Norman Obinna and six other people filed on behalf of the party’s executive committees and state chairpersons.
The plaintiffs contested the validity of a caretaker or interim national leadership’s acts, especially the decision to use an appointed committee to conduct state congresses.
They also said that the caretaker body was not authorised by the constitution to call such congresses or designate any committee to do so.
They further contended that congresses can only be held by properly elected party organs recognised under the party’s constitution.
As a result, the plaintiffs requested that the court uphold the state executive committees’ tenure and prohibit any concurrent procedures that would compromise their power.
Tenure of the state executive committees remains valid
In settling the conflict, Justice Abdulmalik determined that the allegations made in front of the court were legitimate and worthy of judicial attention, particularly in light of purported violations of statutory and constitutional laws.
The judge framed the main question as whether the second through sixth defendants, including Mark, had the legal or constitutional right to take on the responsibilities of the ADC’s elected state organs, whose tenure is protected by the party’s constitution.
Consequently, the court ruled that the tenure of the state executive committees remains valid and should continue without interference.
The judge ruled that only duly elected party structures can organize state congresses, thereby nullifying any processes initiated by the caretaker government.
Additionally, the court prohibited Mark and the other defendants from holding congresses or conventions in violation of the party’s constitution.
The court also restrained them from taking any action that could weaken or interfere with the authority of the state executive committees.
Additionally, they contended that any attempt to circumvent the elected structures weakens the party’s internal democracy and the rule of law.
BACKSTORY…
On April 2, INEC announced that it had derecognized Senator David Mark and Rauf Aregbesola as ADC National chairman and secretary respectively.
This followed a suit filed by the aggrieved deputy chairman Nafiu Gombe, who led the party before the David-Mark faction came on board.
Following this was a series of protests, court sessions and adjournments. The faction however defied INEC and went ahead to hold its national convention.
However, Amupitan stated that the commission’s ruling was based on an ongoing legal dispute.
He warned ADC that if the party continues to defy court orders in its congresses, it may eventually render any election victory the party has won illegitimate.
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