By Ikechukwu Nnochiri
ABUJA– The Federal High Court sitting in Abuja has ordered the Senator David Mark-led interim leadership of the African Democratic Congress, ADC, to appear before it on September 15 to show cause why the Independent National Electoral Commission, INEC, should not be barred from recognising them.
The court, in the ruling that was delivered by Justice Emeka Nwite, made the order after it refused an ex-parte application that was filed by a former Deputy National Chairman of the party, Nafiu Bala Gombe.
The plaintiff, who is laying claim to the chairmanship seat of the party, had in the ex-parte application he anchored on a suit marked: FHC/ABJ/CS/1819/2025, prayed the court to restrain the Senator Mark-led faction from further parading themselves as leaders of the party.
In the motion that was dated September 2, the plaintiff specifically prayed the court for: “An order of interim injunction restraining the 4th defendant from recognizing the 2nd and 3rd defendants as the National Chairman and National Secretary, their agents and privies of the 1st defendant/respondent herein, pending the hearing of the motion on notice hereby filed in this matter.”
Cited as 1st to 5th defendants in the suit, are: the ADC; Senator Mark (Chairman); former governor of Osun State; Ogbeni Rauf Aregbesola; INEC; as well as the immediate past National Chairman of the party, Chief Ralph Nwosu.
However, in the ruling he delivered on September 4, a copy of which Vanguard sighted on Thursday, Justice Nwite, instead of granting the ex-parte application, ordered the plaintiff to go and put the defendants on notice by serving the legal processes on them.
The court, held: “It is hereby ordered as follows: “That the Plaintiff/Applicant’s application dated and filed 2/9/2025, is refused.
“That an order of this honourable court is hereby made directing the Plaintiff/Applicant to put the Defendants on notice
“That the Defendants/Respondents are hereby ordered by this honourable court to show cause why the application should not be granted.
“The case is hereby adjourned to 15th day of September, 2025,for the Respondents to show cause,” Justice Nwite further held in the enrolled order that was signed by the Registar of the court, Kasope Kafayat Bola.
INEC had recently updated its records to reflect the Senator Mark-led National Working Committee, NWC, of the ADC.
Three aggrieved members of the ADC had earlier approached the court to sack the Senator Mark-led NWC.
The plaintiffs- Adeyemi Emmanuel, Ayodeji Victor Tolu and Haruna Ismaila- further challenged the membership of Senator mark and others that were appointed to lead the party in the interim.
They prayed the court to among other things, determine whether the purported handover of the party’s leadership structure to individuals involved in a merger, was not a direct violation of a subsisting judgement.
While the ADC was cited as the 1st defendant in the suit marked: FHC/ABJ/CS/1328, the INEC and the immediate past National Chairman of the party, Chief Nwosu, were joined as 2nd and 3rd defendants.
Likewise, Senator Mark, ex-governor Aregbesola (the Interim National Secretary), and a former Minister of Sports, Bolaji Abdullahi (Interim National Publicity Secretary), were listed as 4th, 5th and 6th defendants, respectively.
Specifically, the plaintiffs posed legal questions for the court to determine, among which included: “Whether or not the appointment of the 4th, 5th, and 6th Defendants as Interim National Chairman, National Secretary, and National Publicity Secretary of the lst Defendant was made in breach of the provisions of the African Democratic Congress (ADC) Constitution, 2018 (as amended).”
“Whether or not, in view of the combined provisions of Article 9, paragraph D of the ADC Constitution, 2018 (as amended), the 4th, 5th, and 6th Defendants are qualified to hold the respective offices to which they were appointed.
“Whether the key individuals involved in the merger, like 4th, 5th, and 6th Defendants where properly registered members of the 1st Defendant to qualify for leadership position.
“Whether the constitution of the 1st Defendant, being an existing and not a newly formed political party, makes provisions for interim leadership positions such as Interim National Chairman, Interim National Secretary, and Interim National Publicity Secretary.
“Whether the current Executive Committee of the 1st Defendant ought not to have been dissolved or replaced only through a properly convened National Convention or a valid decision of the National Executive Committee (NEC).
“Whether the 2nd Defendant can lawfully recognize the 4th, 5th, and 6th Defendants as the Interim National Chairman, Interim National Secretary, and Interim National Publicity Secretary of the lst Defendant, in accordance with the relevant provisions of the Constitution of the African Democratic Congress (ADC), 2018 (as amended)
“Whether or not the 3rd Defendant’s purported handover of the party’s leadership structure to the newly constituted leadership of the ADC is not a direct violation of the judgment delivered in Suit No. FHC/ABJ/1541/2022 by Hon. Justice Binta Nyako on 21st December 2022.”
It will be recalled that a coalition that was powered by former Vice President Atiku Abubakar had announced the adoption of ADC as the platform that will challenge President Bola Tinubu’s re-election bid in 2027.
Following the announcement, the ADC, through its founding National Chairman, Nwosu, declared the collapse of all structures of the party to enable a new leadership to drive a coalition of forces ahead of the 2027 general election.
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