…As S’Court fixes judgment on party leadership crisis
The leadership crisis engulfing the African Democratic Congress (ADC) has intensified, with a Federal High Court in Abuja restraining the Independent National Electoral Commission (INEC) from recognising or participating in any congresses organised by the party’s disputed caretaker leadership, even as the Supreme Court fixes April 30 for judgment on lingering leadership disputes within the ADC and the Peoples Democratic Party (PDP).
In a ruling delivered yesterday, Justice Joyce AbdulMalik barred former Senate President, David Mark, and other members of the interim leadership from interfering with the functions and constitutionally guaranteed tenure of elected state executive committees across the country.
The judgment followed an originating summons filed by Norman Obinna and six others on behalf of ADC state chairpersons and their executive committees, challenging the legality of the caretaker leadership and its authority to organise state congresses.
Describing the suit as “meritorious”, Justice AbdulMalik held that the central issue was whether the interim leadership had constitutional backing to assume the powers of duly elected state organs whose tenure is protected under the party’s constitution.
Relying on Section 223 of the 1999 Constitution and Article 23 of the ADC constitution, the court emphasised the requirement for political parties to operate democratically through periodic elections and upheld the tenure of existing state executives.
While acknowledging that courts typically avoid interfering in internal party matters, the judge stressed that intervention becomes necessary where 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 found that the process adopted by the defendants — including the establishment of a “congress committee” — was not recognised by the ADC constitution and was therefore invalid. It consequently set aside the committee’s appointment and affirmed that only duly elected party structures have the authority to organise congresses.
Justice AbdulMalik issued far-reaching orders restraining INEC from recognising any congresses conducted by the disputed leadership and prohibiting Mark and other defendants from organising conventions outside the provisions of the party’s constitution or taking actions capable of undermining elected state executives.
Those listed as defendants in the suit include the ADC, David Mark, Patricia Akwashiki, Bolaji Abdullahi, Ra’uf Aregbesola, Oserheimen Osunbor, and INEC.
The court also dismissed preliminary objections raised by the defendants, who had argued that the matter was an internal party affair and therefore non-justiciable. Justice AbdulMalik ruled that the case falls within the jurisdiction of the Federal High Court due to its connection with INEC’s statutory functions, adding that the plaintiffs had established sufficient locus-standi.
Meanwhile, attention has shifted to the Supreme Court, which is set to deliver judgment on Thursday, April 30, in suits relating to leadership tussles within both the ADC and the PDP.According to listings on the apex court’s website, the ADC case (SC/CV/180/2026) is scheduled for 2:00 pm, while the time for the PDP matter was not specified.
The development comes against the backdrop of earlier actions by INEC, which had de-recognised the David Mark-led ADC leadership, citing a Court of Appeal judgment. The commission also declined to recognise Nafiu Bala Gombe, who had sought to be declared national chairman.
INEC had stated that it would refrain from recognising or monitoring any conventions or congresses organised by the rival factions pending the final determination of the substantive suit. In the PDP case, the Supreme Court is expected to rule on an appeal filed by a Taminu Turaki-led faction seeking to validate the outcome of the party’s national convention held in Ibadan, Oyo State, on November 15 and 16, 2025 – an exercise earlier nullified by both the Federal High Court in Abuja and the Court of Appeal.
