The African Democratic Congress (ADC) has intensified its legal battle to retain its leadership structure and protect its presidential ticket ahead of the 2027 general election, following an appeal against a 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.
The party’s National Secretary, Rauf Aregbesola, has approached the Court of Appeal, seeking to overturn the November 5 judgment delivered by Justice Peter Lifu of the Federal High Court in Abuja.
Aregbesola is also seeking a stay of execution of the judgment pending the determination of his appeal, arguing that the trial court lacked jurisdiction to entertain the leadership dispute, which he described as an internal party matter arising from the ADC’s 99th National Executive Committee (NEC) meeting.
In a notice of appeal filed on Friday through his lawyer, Mohammed Sheriff, Aregbesola listed Nafiu Gombe, the ADC, David Mark, the Independent National Electoral Commission (INEC) and former National Chairman, Raph Nwosu, as respondents.
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He is asking the appellate court to set aside the judgment invalidating his emergence as national secretary, as well as the resolutions reached at the party’s 99th NEC meeting.
The appellant argued that the Federal High Court wrongly assumed jurisdiction over the dispute without adequately considering the provisions of the ADC constitution governing the appointment of officers to fill vacant positions.
His lawyer raised five grounds of appeal, challenging the trial court’s interpretation of Section 82(3) of the Electoral Act 2022 and Section 223(1)(a) of the 1999 Constitution, as amended.
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Sheriff maintained that Article 23(4) of the ADC constitution empowers the appropriate executive organ of the party to appoint eligible replacements on an interim basis pending elections at the next convention or congress.
He argued that the trial court failed to distinguish between an interim appointment to fill a vacancy and a formal election into a party office.
According to the lawyer, the lower court applied the requirements governing elections to fill vacancies without first determining whether Aregbesola’s emergence as national secretary fell within the interim appointment powers provided under the party’s constitution.
Aregbesola also challenged the court’s decision recognizing Gombe’s four-year tenure and declaring him entitled to oversee the affairs of the party following Nwosu’s resignation as national chairman.
In the alternative, he urged the Court of Appeal to return the affected claims to the Federal High Court for a fresh hearing before another judge if it determines that the trial court had jurisdiction but that a retrial was necessary.
Separately, Aregbesola filed a motion at the Federal High Court on November 7, seeking a stay of execution of the November 5 judgment in suit number FHC/ABJ/CS/1819/2025.
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The application seeks to suspend the enforcement of the affected orders and any consequential actions arising from the judgment pending the outcome of the appeal.
His counsel argued that the appeal raises substantial legal questions concerning jurisdiction, the interpretation of the ADC constitution and the application of relevant provisions of the Electoral Act.
How the ADC Leadership Crisis Started
The dispute followed a suit instituted by Nafiu Gombe, who claimed that he was constitutionally entitled to assume leadership of the ADC after Nwosu resigned as national chairman.
Gombe asked the court to invalidate the actions of the David Mark-led leadership and restrain its members from presenting themselves as legitimate national officers of the party.
However, Mark, Aregbesola and other defendants opposed the suit, maintaining that Gombe was no longer the deputy national chairman when Nwosu resigned and therefore had no constitutional basis to claim leadership of the party.
The November 5 judgment subsequently invalidated the Mark-led NWC and affected the party’s presidential primary that produced Atiku Abubakar as its candidate for the 2027 presidential election.
ADC Lagos Chairman Insists Atiku Will Be on 2027 Ballot
Despite the legal setback, the Lagos State Chairman of the ADC, George Ashiru, has dismissed concerns that the judgment could prevent the party and its candidates from participating in the 2027 general election.
Speaking in Lagos, Ashiru described the opposition coalition as indestructible, insisting that the ongoing leadership dispute would not weaken its political structure or derail its electoral ambitions.
He said the party had faced several legal and political challenges since the coalition began but had continued to overcome them.
Ashiru also recalled an earlier judgment delivered by Justice Liman in July, which he said affirmed that David Mark was duly elected interim chairman of the party in July 2025.
The Lagos ADC chairman maintained that the party’s primaries were conducted in accordance with the Electoral Act and involved direct participation by its members.
He expressed confidence that the party’s candidates, including Atiku, would remain on the ballot despite the ongoing litigation.
“We are comfortable that we’re going to be in the ballot. Our primaries were conducted in accordance with the Electoral Act,” Ashiru said.
He further argued that the leadership dispute should not automatically translate into the exclusion of all ADC candidates from the forthcoming elections.
Ashiru said the party had appealed the judgment and applied for a stay of execution, expressing confidence that INEC would exercise caution in taking decisions that could affect its candidates while the legal proceedings remained unresolved.
ADC Says Presidential Campaign and Mobilization Continue
Ashiru also dismissed suggestions that the leadership crisis had disrupted the party’s presidential campaign, saying consultations and grassroots mobilization were continuing across Lagos and other parts of the country.
According to him, the party remains committed to building a strong political movement capable of challenging the ruling party in 2027.
He expressed optimism that Atiku would secure substantial support in Lagos, arguing that the state’s political history demonstrated that voters were willing to support candidates from different parts of the country.
He cited previous presidential elections in which Lagos voters supported former Presidents Muhammadu Buhari and Goodluck Jonathan, as well as Peter Obi, despite their different regional backgrounds.
Ashiru maintained that electoral success in Lagos would depend on political engagement, effective mobilization and the ability of candidates to connect with the electorate.
He also warned that prolonged political disputes and legal battles over party leadership and nominations could discourage voters and weaken public confidence in the democratic process.
The ADC chairman said repeated controversies surrounding elections could create voter apathy, particularly among citizens who might become frustrated with the political system.
ADC Promises People-Centred Manifesto Ahead of 2027
Beyond the leadership controversy, Ashiru disclosed that the ADC was developing a people-centred manifesto aimed at addressing economic and social challenges confronting Nigerians.
He said the party would review policies it considers punitive, particularly multiple taxation and excessive government borrowing, while prioritizing national security, universal healthcare, education and employment generation.
He also highlighted the importance of the digital economy and productive investment, arguing that infrastructure development must translate into sustainable employment opportunities and improved living conditions for citizens.
Ashiru maintained that the party’s priorities would focus on policies capable of improving the welfare of Nigerians and creating opportunities for economic growth.
As the legal battle moves to the Court of Appeal, the ADC faces a critical period in its preparations for the 2027 general election. The outcome of the proceedings could have significant implications for the party’s leadership, presidential nomination and ability to participate effectively in the forthcoming electoral process.
For now, Aregbesola is seeking judicial intervention to restore the party’s leadership structure, while the Lagos ADC chairman remains confident that the opposition party will overcome the controversy and present its candidates to Nigerians at the ballot box.
