The African Democratic Congress (ADC) has intensified its legal battle to save its leadership and presidential ticket ahead of the 2027 general election, as its National Secretary, Rauf Aregbesola, appealed the Federal High Court judgment that nullified the David Mark-led National Working Committee (NWC) and the party’s presidential primary that produced former Vice-President Atiku Abubakar.
Aregbesola, who is also seeking a stay of execution of the November 5 judgment, wants the Court of Appeal to overturn the decision of Justice Peter Lifu of the Federal High Court, Abuja, on the grounds that the trial court lacked jurisdiction to determine the leadership dispute arising from the party’s 99th National Executive Committee (NEC) meeting.
The legal offensive came as the Lagos State chairman of the party, George Ashiru, dismissed fears that the judgment could derail the opposition coalition’s participation in the elections, insisting that Atiku and other ADC candidates would remain on the ballot despite the controversy surrounding the party’s leadership and nomination processes.
In a notice of appeal filed on Friday through his counsel, Mohammed Sheriff, Aregbesola named Nafiu Gombe, the ADC, David Mark, the Independent National Electoral Commission (INEC) and former National Chairman, Raph Nwosu, as respondents.
He asked the appellate court to set aside the judgment invalidating his emergence as national secretary and the resolutions of the party’s 99th NEC meeting, arguing that the lower court wrongly assumed jurisdiction over what he maintained were internal party leadership matters.
Aregbesola also challenged the declaration that Gombe’s four-year tenure remained valid and that he was entitled to oversee the affairs of the ADC following Nwosu’s resignation.
His counsel, who advanced five grounds of appeal, argued that the trial judge erred in relying on Section 82(3) of the Electoral Act 2022 and Section 223(1)(a) of the 1999 Constitution, as amended, to invalidate the emergence of the Mark-led leadership without first determining whether the appointments were made under the interim vacancy-filling provisions of the ADC constitution.
According to Sheriff, Article 23(4) of the party’s constitution empowers the appropriate executive organ to appoint eligible replacements pending elections at the next convention or congress, a distinction he argued was not adequately considered by the trial court.
“The lower court applied the requirements governing an election to fill a vacancy without first resolving whether the appellant’s assumption of office fell within the interim appointment power asserted under Article 23(4),” he submitted.
In the alternative, Aregbesola asked the Court of Appeal to remit the affected claims to the Federal High Court for rehearing before another judge if it found that the lower court had jurisdiction but that a retrial was necessary.
He also filed a motion at the Federal High Court on November 7, seeking a stay of execution of the judgment pending the determination of his appeal.
The motion, filed in suit number FHC/ABJ/CS/1819/2025, specifically seeks to suspend the enforcement of the affected orders and any consequential steps arising from the judgment.
Sheriff maintained that the appeal raised substantial questions concerning the jurisdiction of the trial court, the interpretation of the ADC constitution and the application of the Electoral Act, which deserved consideration by the appellate court.
The leadership dispute originated from a suit instituted by Gombe, who claimed that following Nwosu’s resignation as national chairman, he was constitutionally entitled to assume leadership of the party.
Gombe had asked the court to invalidate the actions of the Mark-led leadership and restrain its members from presenting themselves as legitimate national officers of the ADC.
Mark, Aregbesola and other defendants opposed the suit, arguing that Gombe was no longer deputy national chairman when Nwosu resigned and therefore lacked the basis for his claim.
Ashiru, speaking in Lagos yesterday, described the ADC coalition as indestructible, maintaining that the legal setback would neither weaken its political structure nor prevent its candidates from contesting the forthcoming elections.
“Ever since the coalition started, we have been the target of so many different groups, both within the party and outside of the party.
“We’ve had challenges from those who call themselves former legislators of Nigeria, unknown to the party, who wanted to deregister the party. We overcame that.
“Justice Liman in July also gave a favourable judgment that David Mark was duly and properly elected as the interim chairman of the party in July 2025.”
Ashiru insisted that the party’s primaries complied with the Electoral Act and involved the direct participation of members, expressing confidence that the legal challenge would not ultimately affect its candidates.
“We are comfortable that we’re going to be in the ballot. Our primaries were conducted in accordance with the Electoral Act.
“And because it was decided by the members of the party, directly by the members of the party, there is nobody that can then interpret the law to mean that we can’t have our candidates on the ballot.
“So, while legal issues on leadership are continuing, our candidates are definitely going to continue to be on the ballot.”
He said the party had appealed the judgment and requested a stay of execution, expressing confidence that INEC would exercise caution in taking decisions affecting the candidates while the legal proceedings continued.
“All our candidates will be on the ballot. Specific legal cases are different from the idea that all the candidates of a party will not be on the ballot. We will be on the ballot.”
The ADC chairman also dismissed suggestions that the crisis had disrupted the party’s presidential campaign, saying consultations and grassroots mobilisation were continuing across Lagos and other states.
“Our campaign has continued, as you can see, and the presidential campaign has continued, and our consultations and grassroots mobilisation is also continuing in Lagos and other states.
So, we are continuing in the work, and we shall, by the grace of God, be the voice of the people in 2027 through the ballot boxes,” he said.
On the party’s electoral prospects in Lagos, Ashiru expressed confidence that Atiku would secure substantial support, arguing that the state’s voting history demonstrated that its electorate was not permanently tied to any particular political party or candidate.
“In 2027, of course Lagos will vote Atiku. Nothing is different in Lagos. If you look at the history of presidential elections, Lagos voted Buhari. Buhari is not a Lagosian.
“Lagos voted Goodluck. Goodluck is not a Lagosian. Lagos voted Peter Obi. Lagos is a cosmopolitan city. So, it’s the work you do.”
He warned that prolonged political litigation and disputes over party nominations could undermine public confidence in the electoral process and discourage participation.
“This is not new in politics. It’s not unusual. It’s just unfortunate that instead of our various opposition members and the ruling party to focus on driving the interests of the people to the votes, we are creating apathy.
“Because with this sort of attitude going on, trying to legalise elections, it is going to make more people sit at home because they will lose hope, they will be depressed, and they will give up. And that’s not the democracy we fought for.”
Ashiru added that the ADC was developing a people-centred manifesto that would review policies it considered punitive, including multiple taxation and excessive government borrowing, while prioritising security, universal healthcare, education and employment generation.
He said the party would place greater emphasis on the digital economy and productive investment, arguing that infrastructure development must translate into sustainable jobs and improved living conditions.
“It is a matter of priorities. Our priorities will be different,” he said.
Credit: The Sun