Federal High Court in Abuja has restrained the Independent National Electoral Commission (INEC) from recognising or participating in any congress organised by committees appointed by a faction of the African Democratic Congress (ADC) led by former Senate President, David Mark.
Justice Joyce Abdulmalik, who delivered the judgment, held that the Mark-led caretaker committee lacked the constitutional authority to establish committees for the conduct of state congresses.
The court also restrained the caretaker leadership from interfering with the tenure and functions of duly elected state executives of the party.
According to the judgment, the responsibility for organising state congresses rests exclusively with state executive committees and not the national caretaker leadership.
The court further affirmed that the tenure of the ADC’s State Working Committees and State Executive Committees remains valid until properly conducted congresses and a national convention are held in accordance with the party’s constitution.
The suit was instituted by aggrieved members of the party who challenged the legality of the caretaker committee’s actions, including its plans to conduct state congresses in April 2026.
The plaintiffs argued that only constitutionally recognised organs of the party possess the authority to organise congresses and related internal electoral processes.
In her ruling, Abdulmalik agreed with the plaintiffs, stating that neither the 1999 Constitution nor the ADC constitution empowers the caretaker committee to appoint congress committees.
She noted that although courts generally refrain from interfering in internal party affairs, judicial intervention becomes necessary where there are allegations of constitutional or statutory violations.
“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,” the judge ruled.
The court subsequently declared that any congress process initiated by the caretaker committee was null and void.
It also ordered that the existing state executive structures be allowed to complete their tenure without interference.
The judgment is expected to shape the internal leadership dynamics of the party ahead of future congresses and national convention activities.
