2027 Polls: Court bars INEC from recognising ADC congresses
By Ikechukwu Nnochiri, ABUJA
The Federal High Court in Abuja has issued a ruling that prohibits the Independent National Electoral Commission (INEC) from recognizing or participating in any congress organized by the caretaker leadership of the African Democratic Congress (ADC) led by Senator David Mark.
Justice Joyce Abdulmalik delivered the judgment on Wednesday, stating that the Mark-led group is also restrained from interfering with the tenure and functions of the party’s elected state executives. The court clarified that the responsibility for conducting state congresses lies with the state executive committees rather than the national leadership of the party.
The ruling maintains that the four-year tenure of the ADC’s State Working Committees and State Executive Committees remains valid until properly constituted congresses and a national convention are convened.
The judgment arose from a lawsuit, marked FHC/ABJ/CS/581/2026, filed by several aggrieved members of the ADC, including Don Norman Obinna, Johnny Tovie Derek, and Dr. Charles Idowu Omideji. They represented themselves and other State Chairmen and State Executive Committees of the party.
Defendants in the case include the ADC, Senator David Mark, Senator Patricia Akwashiki, and INEC, among others.
The plaintiffs contested the Mark-led leadership’s decision to form a congress committee for conducting state congresses. They argued that any appointments made by the caretaker committee lack validity, asserting that a state congress planned for April 2026 would violate the party’s constitution if overseen by the caretaker group.
Justice Abdulmalik concurred with the plaintiffs, stating that neither the 1999 Constitution nor the ADC’s Constitution grants the caretaker National Working Committee led by David Mark the authority to appoint committees for conducting state congresses.
The court ruled that the plaintiffs’ claims warranted judicial consideration, citing alleged breaches of constitutional and statutory provisions. It referenced Section 223 of the 1999 Constitution, which mandates political parties to conduct elections based on democratic principles, and Article 23 of the ADC Constitution, which limits the tenure of national and state officers to a maximum of two terms, spanning eight years.
While acknowledging that courts typically avoid interfering in political party affairs, Justice Abdulmalik emphasized the court’s obligation to intervene when constitutional violations are claimed.
“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 stated.
The judge concluded that evidence presented in court affirmed the validity of the state executive committees’ tenure and ruled that only these elected bodies possess the authority to organize state congresses, thereby nullifying any actions initiated by the Mark-led caretaker leadership.
