The Federal High Court in Abuja has ruled against a faction of the African Democratic Congress led by David Mark, barring the Independent National Electoral Commission from recognising or participating in any congress organised by committees appointed by the group.
Delivering judgment, Justice Joyce Abdulmalik held that the Mark-led caretaker leadership lacks the authority to set up committees to conduct state congresses. The court also restrained the group from interfering with the tenure and functions of duly elected state executives of the party.
According to the ruling, the responsibility for organising state congresses lies strictly with state executive committees, not the national 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.
The case was brought by several aggrieved party members, who challenged the legality of the caretaker committee’s actions, including plans to conduct state congresses in April 2026. They argued that only constitutionally recognised party organs have the power to organise such processes.
In her judgment, Justice Abdulmalik agreed, stating that neither the Nigerian Constitution nor the ADC’s constitution empowers the caretaker committee to appoint congress committees. She emphasised that while courts typically avoid interfering in internal party matters, they are obligated to act when constitutional breaches are alleged.
“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.
The court concluded that the existing state executive structures must be allowed to complete their tenure and that any congress process initiated by the caretaker leadership is null and void.
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