Aregbesola Appeals Judgment Sacking David Mark-Led ADC Leadership

Rauf Aregbesola, National Secretary of the African Democratic Congress (ADC), has appealed a court judgment that nullified his emergence as the party's valid leader. Aregbesola, in a notice of appeal filed on Friday, prayed the Court of Appeal to allow the appeal and vacate the judgment delivered by Justice Peter Lifu of the Federal High Court in Abuja. The judgment had nullified Aregbesola's emergence as National Secretary, citing lack of jurisdiction.

Aregbesola's lawyer, Mohammed Sheriff (SAN), filed the appeal notice, naming Nafiu Gombe, the ADC, David Mark, the Independent National Electoral Commission (INEC), and Raph Nwosu as respondents. Aregbesola sought an order setting aside the lower court's decision, arguing that it lacked jurisdiction to entertain and determine claims concerning his emergence into office and the validity of the impugned resolutions of the 99th NEC meeting of the ADC.

The appellant sought an order striking out claims against him and claims founded upon the impugned resolutions of the 99th National Executive Committee (NEC) meeting. Aregbesola also sought an order setting aside findings and orders invalidating his assumption of office as National Secretary and setting aside the resolutions of the 99th NEC meeting. The ADC National Secretary prayed the court for an order awarding costs in his favour.

Sheriff argued that the trial judge erred in law, holding that INEC's statutory oversight entitled the lower court to determine competing claims to ADC leadership. He submitted that Justice Lifu erred in treating the absence of a democratic election at the ADC's 99th NEC meeting as a basis for invalidating Aregbesola's assumption of office. The lawyer relied on Section 82(3) of the Electoral Act 2022 and Section 223(1)(a) of the Constitution of the Federal Republic of Nigeria 1999.

Aregbesola also filed a motion seeking an order staying execution of the November 5 judgment pending the hearing and determination of the appeal filed at the Court of Appeal. The motion, filed by Sheriff, sought five reliefs and gave a 12-ground argument. Aregbesola prayed the court to stay execution, enforcement, and further consequential steps pursuant to Orders 7 and 8 of the judgment.

The suit was initiated by Nafiu Gombe, who argued that he was constitutionally entitled to take over the party's leadership following the resignation of the party's former national chairman, Nwosu. Gombe asked Justice Lifu to invalidate all actions taken by the Mark-led leadership and restrain Messrs Mark, Aregbesola, and other members of their interim National Working Committee (NWC) from parading themselves as valid leaders of the party.

The case has sparked controversy within the ADC, with Messrs Mark, Aregbesola, and others disagreeing with Gombe. They urged the court to dismiss the suit, arguing that Gombe was no longer a deputy national chairman of the party when Nwosu resigned. The Court of Appeal will now consider Aregbesola's appeal and the motion seeking a stay of execution.

Key points

• Aregbesola appeals court judgment nullifying his emergence as ADC National Secretary.
• The judgment was delivered by Justice Peter Lifu of the Federal High Court in Abuja.
• Aregbesola seeks an order setting aside the lower court's decision, citing lack of jurisdiction.