The Federal High Court in Abuja has issued a ruling that bars the Independent National Electoral Commission (INEC) from recognizing or participating in any state congresses organized by a disputed caretaker leadership of the African Democratic Congress (ADC).
Delivering the judgment on Wednesday, Justice Joyce Abdulmalik ruled that the responsibility for conducting state congresses lies with the party’s elected state executive committees, not with the national leadership or caretaker committee. The court also restrained former Senate President David Mark and other members of the ADC caretaker leadership from interfering with the tenure or functions of the elected state executive committees.
The decision comes as the ADC’s ongoing leadership crisis awaits a crucial ruling from the Supreme Court, which heard an appeal on April 22, 2026, concerning the authority of the David Mark-led caretaker committee. The apex court reserved its judgment on whether the Federal High Court has jurisdiction over the case.
In the judgment, Justice Abdulmalik stated that the key issue was whether the caretaker committee, led by David Mark, had constitutional or statutory authority to assume the powers of the ADC’s elected state organs. “The germane issue was whether the second to sixth defendants, including Mr. Mark, had constitutional or statutory authority to assume the powers of an elected state organ of the ADC, whose tenure is constitutionally guaranteed,” she explained.
The plaintiffs, led by Don Norman Obinna and six others, challenged the actions of the caretaker committee, arguing that it lacked the constitutional mandate to organize state congresses or appoint committees for that purpose. They contended that their tenure as the duly elected state executives of the ADC remained valid, and they sought a court order to stop the caretaker committee from conducting parallel processes.
Justice Abdulmalik noted that Section 223 of the 1999 Constitution mandates political parties to conduct periodic elections in a democratic manner, while the ADC’s constitution specifies that national and state officers hold office for a maximum of two terms, amounting to eight years. In her ruling, she clarified that “political parties must comply strictly with their constitutions,” and courts can intervene when a breach of constitutional or statutory provisions is alleged.
On the issue of party internal affairs, Justice Abdulmalik stated, “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 that the caretaker committee’s actions, including the appointment of a “congress committee” to organize state congresses, were not recognized by the ADC’s constitution.
The court found that the tenure of the state executive committees remains valid, and only those duly elected have the authority to organize congresses. She set aside the appointment of the caretaker committee and ordered INEC to refrain from recognizing any congress organized by it. Additionally, the court restrained Mr. Mark and his co-defendants from organizing congresses or conventions outside the provisions of the ADC’s constitution, and from taking any actions that could undermine the authority of the elected state executive committees.
