Court dismisses suit challenging David Mark's ADC leadership
Court dismisses suit challenging David Mark's ADC leadership

The Federal High Court in Abuja has dismissed a suit challenging the leadership of the African Democratic Congress (ADC) led by former Senate President David Mark, ruling that the party's new leadership emerged in line with its constitution and the law. Justice Musa Liman delivered the judgment on Thursday, upholding preliminary objections filed by the ADC, its former National Chairperson Ralph Nwosu, Mr. Mark, and the party's National Secretary Rauf Aregbesola against the suit instituted by Leke Abejide, a member of the House of Representatives representing Yagba Federal Constituency in Kogi State.

Court Lacks Jurisdiction Over Internal Party Affairs

In his ruling, Justice Liman held that the court lacked jurisdiction to entertain the suit because it bordered on the internal affairs of a political party, making it non-justiciable. He also ruled that Mr. Abejide lacked the legal standing to institute the suit, as he failed to establish that the emergence of the party's new leadership infringed any of his rights. Furthermore, the judge found that the lawmaker failed to exhaust the ADC's internal dispute resolution mechanism before approaching the court.

The judge resolved all three issues raised in the substantive suit in favor of the defendants. On whether Mr. Mark and Mr. Aregbesola emerged as the party's leaders in compliance with relevant laws, Justice Liman ruled against Mr. Abejide, holding that Mr. Nwosu's handover of the party's leadership to Mr. Mark did not contravene the ADC constitution.

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Stakeholders' Meeting Preceded NEC Meeting

The court agreed with the defendants that the meeting held on 2 July 2025 was a stakeholders' meeting that preceded the party's National Executive Committee (NEC) meeting of 29 July 2025, where Mr. Mark and Mr. Aregbesola emerged as the party's leaders in a process monitored by the Independent National Electoral Commission (INEC). Consequently, Justice Liman held that the emergence of Mr. Mark and Mr. Aregbesola complied with the ADC constitution, the Electoral Act 2022, and the party's rules.

The court awarded costs of N2 million against Mr. Abejide in favor of each of the defendants. Additionally, the judge awarded N10 million in costs against Mr. Abejide's lawyer, Ibrahim Idris, a Senior Advocate of Nigeria, in accordance with the Electoral Act 2022.

Background of the Suit

Mr. Abejide filed the suit on 15 February, listing the ADC, its former National Chairman Ralph Nwosu, Mr. Mark, Mr. Aregbesola, and INEC as defendants. He challenged the emergence of former Senate President Mark and former Osun State Governor Aregbesola as the party's interim national chairperson and interim national secretary. The lawmaker argued that the handover of the party's leadership by Mr. Nwosu to Messrs. Mark and Aregbesola at a stakeholders' meeting held at the Shehu Musa Yar'Adua Centre in Abuja on 2 July 2025 violated the ADC constitution and the Electoral Act 2022. He sought to nullify the handover, restrain the two leaders from parading themselves as party officials, and stop INEC from recognizing them.

However, the defendants argued that Mr. Abejide lacked legal standing and that the dispute concerned internal party affairs, which courts lack jurisdiction to determine. They maintained that Messrs. Mark and Aregbesola emerged at the party's NEC meeting on 29 July 2025, which was monitored by INEC.

Series of Legal Challenges

The judgment is the latest in a series of legal challenges following Mr. Mark's emergence as ADC leader after the party became the platform adopted by a coalition of opposition politicians ahead of the 2027 general elections. The crisis began after the resignation of the party's former executives led by Ralph Nwosu and the emergence of a new NEC led by Mr. Mark and Mr. Aregbesola at the 29 July 2025 meeting. This divided the party and triggered multiple court cases challenging the legitimacy of the new leadership.

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One suit was filed by Nafiu Bala Gombe, a former national vice chairperson of the ADC, who argued he should assume the party's leadership under its constitution. The dispute reached the Supreme Court after the Court of Appeal ordered all parties to maintain the status quo pending determination. However, the Supreme Court later ruled in favor of Mr. Mark, setting aside the Court of Appeal's order and returning the substantive suit to the Federal High Court for hearing. The case was subsequently reassigned to Justice Peter Lifu.