A Federal High Court in Abuja today ruled in favour of Don Norman Obinna (Abia) and several state chairmen of the African Democratic Congress (ADC), granting an order to maintain the pre-dispute state of affairs (status quo ante bellum) while the leadership dispute continues.
There was a brief moment of drama in court when the judge asked the defence counsel if the Senator David Mark-led faction of ADC was organising a convention; the defence replied no.
That answer clashes with claims from Mark’s faction, which is holding congresses in Abuja on Tuesday and says it will proceed with a convention despite a previous court order to maintain the status quo.
The court then directed that the status quo ante bellum be preserved pending final determination of the suit, effectively preventing any interference with existing state executive committees.
Abia ADC chairman Obinna and other plaintiffs had asked the court to declare that the four-year tenure of elected State Executive Committees subsists under Section 223 of the 1999 Constitution (as amended), Article 17 of the ADC Constitution and the Final Mediation Report dated 23 December 2023, pending a valid State Congress and convocation of a National Convention.
They sought declarations that only properly constituted State Executive Committees may organise state congresses, that the “Caretaker/Interim National Working Committee” Mark put in place lacks authority to appoint Congress Committee members or organise state congresses, and that any such appointments or congresses are null and void.
They also asked for orders restraining INEC from recognising or attending any congress organised by Mark’s caretaker/interim body, and for perpetual injunctions preventing the defendants from interfering with the functions and tenure of the state executives.
As a result of Tuesday’s court ruling, existing ADC state executive committees remain in place, and attempts to dissolve or replace them would contravene the law.
Also, the ruling is a legal win for Obinna and the other state chairmen who filed the case in court, and strengthens the position of grassroots/state-level leadership while litigation continues.
“We welcome the ruling as confirmation of our legitimacy,” Obinna told The Realm News after the ruling.
“The court’s order preserves the authority of ADC’s state structures for now, but the broader leadership dispute will be resolved only after the pending legal processes conclude,” he said.
Meanwhile, Mark’s coalition is expected to consider an appeal.
The coalition run into trouble after “obtaining” the party from founding national chairman Ralph Nwosu and making moves to sack existing state chairmen.
