Politics
Court stops INEC from recognizing congresses conducted by David Mark-led ADC
Justice Joyce Abdulmalik of the Federal High Court Abuja, has restrained former Senate President David Mark and other party figures from interfering with the functions and tenure of elected state executives of the African Democratic Congress, ADC.
The Judge also barred the Independent National Electoral Commission (INEC) from recognising or participating in any congress organised by a disputed caretaker leadership of the ADC.
The order made on Wednesday followed an originating summons filed by Norman Obinna and six others on behalf of ADC state chairpersons and executive committees.
They challenged the legality of actions taken by a caretaker or interim national leadership.
The plaintiffs argued that the caretaker body lacked the constitutional authority to organise state congresses or appoint committees for that purpose.
They asked the court to affirm their tenure and stop any parallel process.
In her judgment, Justice Abdulmalik noted that she found “the issue in the originating summons meritorious”.
She said 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.
According to her, section 223 of the 1999 Constitution provides that political parties shall conduct periodic elections on a democratic basis, while article 23 of the party’s constitution provides that national and state officers shall hold office for a maximum of two terms of eight years.
Justice Abdulmalik, therefore said that “the question is whether there is any infraction committed by Mr Mark and co-defendants when they convened meetings and appointed a body known as a congress committee to organise state congresses.”
On the issue of internal affairs of political parties raised by the defendants, she noted that “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.”
“Where a party alleges that its constitution has been violated, the court is bound to adjudicate. Any argument that this court lacks jurisdiction on that basis fails,” she ruled.
She held that political parties must comply strictly with their constitutions and that courts can intervene where there is a breach of constitutional or statutory provisions.
She found that the procedure adopted by the defendants, including the appointment of a “congress committee”, is not recognised by the party’s constitution.
The judge ruled that the tenure of state executive committees remains valid and must be allowed to run its course.
She said only those elected structures have the authority to organise state congresses.
The court set aside the appointment of the committee and restrained INEC from recognising any congress organised by it.
The court also restrained Mr Mark and other defendants from organising congresses or conventions outside the provisions of the party’s constitution.
The judge further restrained them from taking steps that could undermine or disrupt the authority of the state executive committees.
The suit was instituted by way of originating summons by the plaintiffs, led by Mr Obinna and six others. They sued on behalf of state chairmen and
executive committees of the ADC.
The defendants include the ADC, David Mark, Patricia Akwashiki, Malam Bolaji Abdullahi, Ogbeni Rauf Aregbesola, Oserheimen Osunbor, and INEC.
The plaintiffs challenged the legality of caretaker or interim national working committees and urged the court to restrain INEC from recognising or participating in any congress organised by the caretaker committee.
The plaintiffs contended that, under the party’s constitution and the 1999 Constitution (as amended), the tenure of state executive committees subsists until valid congresses are conducted, and that any attempt to bypass them undermines internal party democracy.
However, the defendants, in preliminary objections, counter affidavits and written addresses, urged the court to dismiss the suit.
Mr Mark and others argued that the matter relates to internal affairs of a political party, is not justiciable, that the plaintiffs lack locus standi, and that the suit is incompetent.
Before delivering judgment, the court also ruled on the preliminary objections and counter affidavits filed by the defendants.
On jurisdiction, Justice Abdulmalik held that “the subject matter of the plaintiff’s action pertains to the affairs of INEC,” and therefore falls within the jurisdiction of the Federal High Court under section 251 of the Constitution.
On the argument that the plaintiffs failed to exhaust internal dispute resolution mechanisms, the judge declined to uphold the objection at that stage. She held that determining that issue would amount to deciding substantive questions prematurely.
On locus standi, she held that “the plaintiffs’ locus standi and capacity emanate from the alleged violation” and that they share a common grievance, making the representative action proper.
Consequently, she held that the objections lacked merit and were resolved in favour of the plaintiffs.
A High Court in Kogi has dismissed as false and misleading, a social media report alleging that it ordered the deregistration of the National Democratic Congress (NDC).
A statement issued on Thursday in Lokoja by the Court’s Chief Information Officer, Saqeeb Saeed, said it neither handled nor determined any case relating to the registration or deregistration of the party or any other political party in Nigeria.
It noted that the misleading publication was accompanied by photographs of the Chief Judge of Kogi, Josiah Majebi, and former Governor, Yahaya Bello.
It said that the photographs created what it described as a mischievous impression that the purported decision emanated from the high court.
The court noted that it would ordinarily not have responded to the publication but deemed it necessary to set the records straight.
It added that the report had the potential to undermine the integrity and dignity of the judiciary.
It urged members of the public, particularly content creators, to verify facts before publishing information capable of misleading the public.
The court warned that the dissemination of false information capable of tarnishing the image of judges and the High Court of Justice or other courts under its administrative control would no longer be tolerated.
It, therefore, urged the public to disregard the social media publication, reaffirming its commitment to dispensing justice fairly, diligently and without fear or favour. (NAN)
Njiko Igbo Forum, an affiliate of Ohanaeze Ndigbo, has issued a stern warning ahead of the 2027 general elections, cautioning that it will be catastrophic should anything happen to Mr Peter Obi.
It could be recalled that Obi, on Wednesday, raised the alarm that his life was under threat.
The presidential candidate of the Nigeria Democratic Congress, NDC, raised fears that he may not be alive in 2027 to be part of the election.
However, in a statement issued on Thursday, Rev Dr Okechukwu Christopher Obioha, Leader, Njiko Igbo Forum Nigeria, he warned that should anything happen to Obi or he was not in the ballot, the reaction and result would be very catastrophic.
Obioha said the caution was part of the decision taken during an emergency meeting held today, Thursday, in Enugu.
The Forum said, “That we have seen the viral video made by His Excellency, Mr Peter Gregory Obi, speaking on a number of issues, he expressed serious concern that his life is in danger.
“For him to have gone to the extent of saying he might not be alive before the 16th of January 2027, speaks volumes both in our polity and in the country at large.
“We have seen him in the past, spoke about the federal government trying to frustrate and targeting him not to be in the ballot.
“We have also observed over a period of time that the presidency or the federal government led by President Tinubu does not want Peter Obi to be in the ballot.”
While drawing the attention of the Presidency, Nigeria and the world to those allegations, Njiko Igbo Forum declared that “if anything happens to Mr Peter Gregory Obi or finally his name is not in the ballot for the 16th January, 2026 presidential election, the reaction and result will be very catastrophic and may adversely affect the continued unity in diversity of this country Nigeria.”
It further stated that the Igbo had been very quiet, pushed to the wall, segregated against, marked out everywhere, chased about and even tried to take their possessions.
Njiko Igbo Forum cautioned that keeping quiet does not mean the Igbo are cowards.
It said the ruling government should not forget that for any democracy to thrive, there must be a viral opposition in the polity.
“There is no reason, for what we have seen in the process or polity in trailing Peter Obi and going to an extent of chasing him through all the political parties and now wanting to kill him.
“This outcry by Mr Peter Gregory Obi, must not be taken lightly and request as a matter of urgent National importance, that an urgent investigation panel be constituted to verify Mr Peter Obi’s allegations.
“We are strongly stating again that, nothing should happen to Mr Peter Gregory Obi.
“Yes, Chief Awolowo said, before Nigeria he was of the Yoruba Nation. The same way we are saying before Peter Obi is of Nigeria, he is of the Igbo.
“Mr Peter Gregory Obi will live and become the President of the Federal Republic of Nigeria in 2027,” it declared.
Presidential candidate of the Nigeria Democratic Congress, NDC, Mr Peter Obi, has cried out over alleged threat to his life.
Obi, who is a major contender ahead of the 2027 presidential election said he might not be alive to participate in the election.
According to him, there is obvious attack on everything that had to do with him, including his life.
The former Anambra state governor made the allegation during a podcast with Chude Jideonwo.
“The way they are going now I might not be alive, I’m telling you every single thing I do for a living this government is frustrating it deliberately so.
“Everything, so there’s even a possibility if they have opportunity I will not be alive. I get frustrations every day because you do things that may think it may be normal it is not normal they won’t come directly and say oh we are doing this but you could see their hand in eventually everything.
“The government is attacking everybody, I am being attacked personally even to provide me with things I am entitled to, not at all,” he said.
He recalled how his vehicle was clamped down at the airport while he was right there, whereas other vehicles lined up on the same spot were untouched.
Obi further that stated that even close associates were beginning to avoid him over fear of government clampdown.
He disclosed that friends now send him invitations for occasions but tell him not to bother attending.
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