The Federal High Court in Abuja has restrained the Independent National Electoral Commission (INEC) from recognising or participating in any congresses organised by committees set up by a faction of the African Democratic Congress (ADC) reportedly led by former Senate President David Mark.

Delivering judgment, Justice Joyce Abdulmalik held that the caretaker leadership of the ADC lacks the constitutional and legal authority to constitute committees for the purpose of conducting state congresses.

The court also issued an order restraining the faction from interfering with the tenure or functions of duly elected state executive committees of the party.

According to the ruling, the responsibility for organising state congresses rests solely with the party’s state executive committees, rather than the national or caretaker leadership. The court further affirmed that the existing State Working Committees and State Executive Committees of the ADC remain valid and subsisting until properly conducted congresses and a national convention are held in accordance with the party’s constitution.

The suit was instituted by aggrieved members of the party who challenged the legality of the caretaker committee’s actions, including plans to conduct state congresses scheduled for April 2026. The plaintiffs argued that only constitutionally recognised organs of the party are empowered to initiate and supervise such processes.

Justice Abdulmalik upheld the argument, ruling that neither the Nigerian Constitution nor the ADC constitution confers authority on the caretaker committee to appoint congress committees. She noted that while courts are generally reluctant to interfere in the internal affairs of political parties, judicial intervention becomes necessary where there are allegations of breaches of constitutional or statutory provisions.

“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 held.

The court consequently declared that any congress process initiated by the caretaker leadership is null, void, and of no effect, and directed that the existing state executive structures be allowed to complete their tenure in office.