The African Democratic Congress (ADC) has intensified its legal battle to save its leadership and presidential ticket ahead of the 2027 general election. The party's National Secretary, Rauf Aregbesola, has 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 is also seeking a stay of execution of the November 5 judgment.
Aregbesola filed a notice of appeal with the Court of Appeal, naming 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. Aregbesola argued that the trial court wrongly assumed jurisdiction over what he maintained were internal party leadership matters.
The legal 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.
Despite the controversy surrounding the party's leadership and nomination processes, Lagos State chairman of the party, George Ashiru, dismissed fears that the judgment could derail the opposition coalition's participation in the elections. Ashiru insisted that Atiku and other ADC candidates would remain on the ballot, saying the party's primaries complied with the Electoral Act and involved the direct participation of members.
Ashiru expressed confidence that the legal challenge would not ultimately affect the party's candidates, saying, "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."
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. Ashiru expressed confidence that Atiku would secure substantial support in Lagos, arguing that the state's voting history demonstrated that its electorate was not permanently tied to any particular political party or candidate.
Aregbesola's counsel, Mohammed Sheriff, advanced five grounds of appeal, arguing 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. The counsel 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.
Key points
- ADC National Secretary, Rauf Aregbesola, has appealed the Federal High Court judgment nullifying the party's leadership and presidential primary that produced Atiku Abubakar.
- The party's Lagos State chairman, George Ashiru, expressed confidence that Atiku and other ADC candidates would remain on the ballot despite the controversy.
- The legal dispute is over the party's leadership and nomination processes, with Aregbesola seeking a stay of execution of the judgment.
