A Federal High Court in Abuja has issued an order restraining the Independent National Electoral Commission (INEC) from recognising or taking part in any state congresses conducted by committees set up by the caretaker leadership of the African Democratic Congress (ADC).
The ruling effectively halts moves by the party’s interim national leadership to oversee congresses at the state level.
Delivering judgment on Wednesday, Justice Joyce Abdulmalik ruled that the authority to organise state congresses lies strictly with the party’s state executive committees, not with its national leadership.
The court emphasised that any attempt by the caretaker committee to assume such responsibility runs contrary to the party’s constitutional provisions.
The court also affirmed that the tenure of the ADC’s state working committees and state executive committees remains valid and subsisting for the constitutionally prescribed four-year period. According to the judgment, these structures will continue to function until properly conducted congresses are held and a national convention is convened in line with the party’s rules.
Justice Abdulmalik further declared that neither the Constitution of Nigeria nor that of the ADC grants the caretaker or interim national working committee the power to appoint committees to conduct state congresses.
The caretaker leadership, headed by former Senate President David Mark, was therefore found to have acted outside its legal authority.
The decision followed a suit marked FHC/ABJ/CS/581/2026, filed by a group of plaintiffs including Don Norman Obinna, Johnny Tovie Derek, Obah C. Ehigiator, Hon. Olona Yinka, Dr Charles Idowu Omideji, Samuel Pam Gyang, and Obianyo Patrick.
The plaintiffs approached the court on behalf of themselves and other state chairmen and executive committee members of the party.
They challenged the legitimacy of actions taken by the Mark-led caretaker leadership, particularly the constitution of committees tasked with organising state congresses. The plaintiffs argued that such moves violated the ADC’s constitution and undermined the authority of duly elected state party organs.
Listed as defendants in the suit were the African Democratic Congress; Senator David Mark; Senator Patricia Akwashiki; Mallam Bolaji Abdullahi; Ogbeni Rauf Aregbesola; Professor Oserheimen Osunbor, all sued on behalf of the caretaker/interim National Working Committee; and INEC.
Central to the dispute was the planned conduct of state congresses scheduled for April 2026 under the supervision of the caretaker committee. The plaintiffs contended that allowing such congresses to proceed would amount to a breach of internal party regulations and could destabilise the party’s structure.
In its ruling, the court sided with the plaintiffs, reinforcing the principle that party constitutions must be adhered to in the conduct of internal affairs.
