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.
…Vows to challenge Ododo in next guber election
The Senator representing Kogi East Senatorial District, Jibrin Isah, has declared that “the battle line has been drawn” between him and Kogi State Governor, Ahmed Usman Ododo, following his defeat in the All Progressives Congress (APC) senatorial primary election.
Jibrin, one of seven aspirants in the contest, alleged widespread irregularities during the exercise, accusing government agents of hijacking electoral materials meant for the primary election.
Speaking after the primary, the senator expressed shock that only two votes were recorded in his favour in his own ward, insisting that electoral officials never arrived at the venue for voting.
According to him, he had gone to his ward to cast his vote but discovered that no electoral officer was present, adding that similar incidents were reported across several wards in the senatorial district.
He said the absence of electoral officials and voting materials prevented many APC members from participating in the exercise in affected areas.
The lawmaker alleged that the situation was a calculated move aimed at frustrating his supporters and manipulating the outcome of the primary election.
Jibrin maintained that his performance and projects across Kogi East had strengthened the APC in the district and would guarantee electoral victories for the party, including President Bola Ahmed Tinubu.
He also said he had remained loyal to Governor Ododo and the leadership of the APC, questioning why he was allegedly being targeted despite his contributions and commitment to the party.
The senator further alleged that the governor moved against him after receiving information that he intended to contest the governorship seat in the future.
“Well, with the latest development, I will now contest for the governorship position against Governor Ododo when the time comes,” he said.
Jibrin called on the leadership of the APC to investigate the alleged hijacking of electoral materials and ensure fairness and transparency in the party’s internal electoral process.
1. Hon. Hamish Idris – Adamawa State, North Senatorial District
2. Hon. Abdurman Kwacham – Adamawa State, North Senatorial District
3. Chimzobam Kingsley Nnalue – Anambra State, North Senatorial District
4. Donald Daunemigita – Bayelsa State, West Senatorial District
5. Sen. Ben Murray Bruce – Bayelsa State, East Senatorial District
6. Sen. Benson S. Agadaga – Bayelsa State, East Senatorial District
7. Daniel Effiong Asuquo – Cross River State, South Senatorial District
8. Oden Ibiang O Ewa – Cross River State, Central Senatorial District
9. Dr. Marian Nnamaka Ogoh-Ali – Delta State, North Senatorial District
10. Sen. Usman J. Wowo – FCT (no district listed)
11. Abubakar Umar Abdullahi – FCT (no district listed)
12. Adam Mouktar Mohammed – Jigawa State, South/West Senatorial District
13. Sen. Garba Musa Mai Doki – Kebbi State, South Senatorial District
14. Kollo B. Jiya – Kwara State, North Senatorial District
15. Amb. Olutola John Onijala – Kwara State, South Senatorial District
16. Awolola Muritala – Kwara State, South Senatorial District
17. Adeleke Emmanuel Gbenga – Kwara State, South Senatorial District
18. Abdullahi Tanko Zubairu – Nasarawa State, North Senatorial District
19. Usman Muhammed Elegu – Nasarawa State, South Senatorial District
20. Alhaji Dr. Yusuf Moh’d Agabi – Nasarawa State, South Senatorial District
21. Ari Ali Muhammed – Nasarawa State, South Senatorial District
22. Muhammed Rabiu Sadiq – Niger State, Niger/South Senatorial District
23. Hon. Muhammed Bello A. – Niger State, Niger South Senatorial District
24. Bello Bawa Bwari – Niger State, Niger South Senatorial District
25. Ademola Wasiu Alli – Oyo State, Central Senatorial District
26. Ajimobi Wasiu Adegboyega – Oyo State, North Senatorial District
27. Mr. Kolapoboye Kola Daisi – Oyo State, South Senatorial District
28. Faozey Oladotun Nurudeen – Oyo State, Oyo Central Senatorial District
29. Hon. Hameed Afeez Repete – Oyo State, Central Senatorial District
30. Amb. Pst. Akinremi Alade Bolaji – Oyo State, South Senatorial District
31. Bello Abudullahi Bodejo – Taraba State, Central Senatorial District
32. Gyang Yaya Zi San – Plateau State, North Senatorial District
33. Napoleon Binkap Bah – Plateau State, South Senatorial District
34. Usman Ephraim Gar – Plateau State, Central Senatorial District
35. Oyukaye Flag Amachree – Rivers State, West Senatorial District
36. Chief Dr. Tamunobaabo Wemike Danagogo – Rivers State, West Senatorial District
37. Jack-Rich Tein T.S – Rivers State, West Senatorial District
38. Banigo Ipalibo – Rivers State, West Senatorial District
39. Chief Barry Balera Mwara – Rivers State, South/East Senatorial District
40. Hon. Hassan H. Kafayos – Yobe State, Yobe North Senatorial District
41. Sanusi Ibrahim Garachi – Zamfara State, Central Senatorial District
42. Aliyu Abubakar – Zamfara State, Central Senatorial District
43. Muhammad Bashir Maru – Zamfara State, Central Senatorial District
44. Hassan Muhammad Gusau – Zamfara State, Central Senatorial District
45. Abubakar H. Moriiki – Zamfara State, North Senatorial District
46. Bilyaminu Yusuf – Zamfara State, North Senatorial District
47. Isyaka Ajiya Anka – Zamfara State, West Senatorial District.
..As Mbah participates in Owo Ward, advertises APC’s achievements
The All Progressives Congress (APC) has commended the Enugu State chapter of the party for what it described as free, fair, credible, and exemplary House of Representatives primary elections in the state.
This was even as Governor Peter Mbah joined other party faithful in Owo Ward, Nkanu East LGA, to affirm the Member representing Nkanu East/Nkanu West Federal Constituency, Hon. Nnolim Nnaji, who was the only aspirant standing for the primary election, as the party’s House of Representatives candidate in the 2027 general elections.
Addressing newsmen at the party’s secretariat in Enugu after observing the exercise in Owo Ward and other parts of the state, Chairman of the APC House of Representatives Primary Elections in Enugu State, Hon. Solomon Funkekeme, expressed satisfaction with the process and outcome of the primary elections in the wards monitored firsthand by members of his team, as well as the reports reaching them from various parts of the state.
“One thing is clear: Enugu State APC has continued to stand out as a shining example in internal democracy, party cohesion, consensus-building, and commitment to the party’s success over and above individual interests.
“You were with us at Owo and we have our men in other parts of the state. This is consensus in action. I believe it is the same with other places we have not monitored, based on the reports reaching us.
“But above all, it is leadership in action. I commend the leader of the party in the state, Governor Peter Mbah, as well as the chairman and members of the State Executive, for the peace and synergy we have witnessed,” Hon. Funkekeme said.
Meanwhile, addressing party faithful in his Owo Ward, Governor Mbah thanked them profoundly for the large turnout and for their peaceful conduct across the state.
“What you have seen here today is what you are going to witness across different federal constituencies in Enugu State. There might be just one or two federal constituencies where we may have a contest.
“So, I think that you people should be proud of yourselves because you are becoming a model of what grassroots democracy should be, what internal party democracy should be; and an example of a rancour-free primary exercise where people are coming out in their numbers to support a candidate of their choice, where there is a contest. This is what democracy means. And this is what APC represents for this country,” he stated.
Mbah urged party faithful in the state to come all out to market the achievements and programmes of the APC government at the state and federal levels ahead of the general elections.
“If you also look at what this party has done at the national level, you will see that the pressure and tensions we had at our macroeconomic level have gone. What it means is that the states and the local governments are now able to serve you better, courtesy of the policies and programmes of our great party.
“So, you should be proud of this party and you should make sure that you carry the news, carry the message of what this party is doing for our country to the nooks and crannies of Nigeria.
“We have not finished yet. Look at the country. You may only have started seeing the signs. But I can tell you, the foundations have been built. The fundamentals are in place. What Nigerians need to do is to support APC to come back and get the job finished. It is extremely important. We cannot afford to go backwards. We must move forward.
“That is why you cannot afford to stand on the margins. You cannot afford to be passive. You have to be proactive. You have to go from door to door, informing people about what is going on and the benefits supporting APC would bring to our people,” he concluded.
Meanwhile, the state’s party chairman, Dr. Martin Chukwunweike, among other party leaders, joined the team from Abuja in monitoring the exercise at Owo and across the state.
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