The Federal High Court in Abuja has ruled against a faction of the African Democratic Congress led by David Mark, directing the Independent National Electoral Commission not to recognise or take part in any congress organised by committees set up by the group.
Delivering the judgment, Justice Joyce Abdulmalik held that the caretaker leadership under Mark does not have the authority to constitute committees for conducting state congresses. The court also barred the faction from interfering with the roles and tenure of duly elected state executives within the party.
The ruling stated that the responsibility for organising state congresses rests solely with state executive committees, not the national leadership. It further affirmed that the tenure of the party’s State Working Committees and State Executive Committees remains valid until proper congresses and a national convention are conducted.
The suit was filed by aggrieved members of the party, who challenged the legality of the caretaker committee’s actions, including its plan to hold state congresses in April 2026. They argued that only constitutionally recognised party structures have the authority to carry out such processes.
In her decision, Justice Abdulmalik agreed, noting that neither the Nigerian Constitution nor the party’s constitution empowers the caretaker committee to appoint congress committees. She added that while courts generally avoid вмешательство in internal party affairs, they must step in when there are allegations of constitutional 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,” she said.
The court concluded that existing state executive bodies must be allowed to complete their tenure, declaring any congress process initiated by the caretaker leadership null and void.
