Federal High Court for Abuja don bar Independent National Electoral Commission (INEC) from recognising any state congress organised by disputed leadership of African Democratic Congress (ADC) and, as e be, the ruling don add new twist to the party leadership crisis. Meanwhile, the court also warn top party figures to stay clear from interfering with elected structures.
Justice Joyce Abdulmalik give the order on Tuesday, stopping former Senate President, David Mark, and other defendants from disrupting the tenure and functions of ADC state executives.
The case follow suit wey Norman Obinna and six others file on behalf of ADC state chairmen and executive committees, challenging actions of interim national leadership. According to them, the leadership no get constitutional power to organise congresses or appoint committees.
In her judgment, Justice Abdulmalik talk say the matter get merit, stressing say the key issue na whether the defendants get legal authority to take over functions of elected state organs.
Furthermore, she explain say Section 223 of the 1999 Constitution require political parties to conduct democratic elections, while ADC constitution clearly define tenure of party officials.
However, she also note say although courts normally no dey interfere in party internal matters, dem must step in when constitutional or statutory breach occur.
“Political parties must obey their own constitution,” she emphasise, adding say any violation go require judicial intervention.
As a result, the court nullify the appointment of the so-called congress committee and rule say only duly elected state executives get power to organise congresses.
In addition, the court restrain INEC from recognising any congress wey the committee organise, and also stop Mark and others from holding any party activities outside constitutional provisions.
On the other hand, the defendants argue say the matter na internal party issue and court no get jurisdiction. But the judge dismiss the objection, confirming say the case fall under Federal High Court authority since e involve INEC.
Moreover, the court affirm say the plaintiffs get legal right (locus standi) to file the case, as dem show say their constitutional rights fit be violated.
Consequently, the ruling don strengthen position of existing ADC state executives while putting pressure on party leadership to follow due process.
