A Nigerian court prevents the electoral commission from recognizing the Democratic Party's conferences.  

Written by: Nigeria - Boubacar Sani

In development judicial A new development deepens the leadership crisis within one of Nigeria's leading political parties. On Wednesday, the Federal High Court in the capital, Abuja, issued a ruling preventing the Independent National Electoral Commission from recognizing or Participation At any conference organized by the disputed interim leadership within the African Democratic Congress party.

The ruling by Judge Joyce Abdul-Malik put a temporary end to the escalating conflict within the party, after she also prevented former Senate Speaker David Mark and a number of prominent figures from interfering in the powers of the elected executive committees at the state level, confirming that their legal mandate continues until the end of their term or valid conferences are held in accordance with the party's constitution.

Forming a committee to organize state conferences

The case stems from a lawsuit filed by Norman Obinna and six others on behalf of state chairpersons and party executive committees, challenging the legitimacy of actions taken by the interim leadership, particularly regarding the formation of a committee to organize state conferences.

The prosecutors asserted that this leadership has no constitutional or legal authority to convene such conferences or appoint committees to replace the elected structures.

The court deemed the case worthy of judicial consideration, especially given the allegations of a clear violation of the constitutional and legal provisions regulating the work of political parties.

The judge based her decision on Article 223 of the 1999 Nigerian Constitution, which requires parties to hold periodic elections on democratic grounds, as well as articles from the party constitution that specify terms of office for leadership positions.

A clear violation of the constitution or laws

The court affirmed that the principle of the independence of parties in managing their internal affairs does not prevent the judiciary from intervening if the matter concerns a clear violation of the constitution or laws.

The judge said that courts may usually refrain from intervening in internal party disputes, but they become obliged to intervene when allegations of violations of rights or constitutional provisions are raised.

The court considered that the committee that was formed to organize the state conferences had no basis in the party's constitution, and therefore all actions issued by it were invalid.

It also ruled that the elected executive committees in the states are the only body legally authorized to organize local conferences, which means canceling any parallel arrangements made by the interim leadership.

The court orders included preventing the Independent National Electoral Commission from recognizing any conference held under these arrangements, as well as prohibiting David Mark and others from taking any steps that would disrupt the work of elected leaders or undermine their authority within the party.