Aregbesola Appeals Court Ruling Nullifying Mark-led ADC Leadership

Rauf Aregbesola, National Secretary of the African Democratic Congress (ADC), has approached the Court of Appeal seeking to overturn the Federal High Court judgement that nullified the David Mark-led leadership of the party.

In a notice of appeal filed on Friday through his counsel, Mohammed Sheriff, a Senior Advocate of Nigeria (SAN), Aregbesola challenged the jurisdiction of the Abuja Federal High Court to entertain the suit that resulted in the November 5 judgement.

The former Osun State governor urged the appellate court to set aside the decision delivered by Justice Peter Lifu, arguing that the lower court exceeded its jurisdiction in determining issues relating to his emergence as national secretary and the validity of resolutions adopted at the party’s 99th National Executive Committee (NEC) meeting.

Aregbesola also challenged the court’s declaration that Nafiu Gombe’s four-year tenure remained valid and that he was entitled to oversee the affairs of the party.

He further requested that, should the appellate court uphold the lower court’s jurisdiction but consider a retrial necessary, the disputed claims should be remitted to the Federal High Court for hearing before another judge.

Aregbesola disputes interpretation of ADC constitution

In his five grounds of appeal, Aregbesola argued that Justice Lifu wrongly held that INEC’s statutory oversight responsibilities gave the court the authority to determine competing claims to the ADC leadership arising from the 99th NEC meeting.

His counsel also faulted the judge for relying on the absence of a democratic election at the meeting to invalidate Aregbesola’s assumption of office under Section 82(3) of the Electoral Act 2022 and Section 223(1)(a) of the 1999 Constitution.

According to Sheriff, the provisions governing elections to party organs should not have been applied without first determining whether Aregbesola’s emergence was an interim appointment permitted under the ADC constitution.

“The absence of voting did not resolve whether the resolutions effected an election or an interim appointment under the provision relied upon by the appellant,” the lawyer argued.

He further maintained that Article 23(4) of the ADC constitution empowers the appropriate executive organ of the party to appoint an eligible replacement pending an election at the next convention or congress.

“The lower court applied the requirements governing an election to fill a vacancy without first resolving whether the appellant’s assumption of office fell within the interim appointment power asserted under Article 23(4),” Sheriff said.

Seeks suspension of judgement’s enforcement

Separately, Aregbesola has filed an application at the Federal High Court seeking a stay of execution of the November 5 judgement pending the determination of his appeal.

The motion, filed on Saturday and marked FHC/ABJ/CS/1819/2025, seeks to restrain the enforcement of, or further consequential actions arising from, Orders 7 and 8 of the judgement.

Sheriff argued that his client was dissatisfied with significant aspects of the ruling and had exercised his constitutional right to appeal.

He said the appeal raised substantial and arguable questions of law and fact, particularly concerning jurisdiction, the interpretation of the ADC constitution and relevant provisions of the Electoral Act.

Gombe had approached the Federal High Court, claiming entitlement to assume the ADC leadership following the resignation of Ralph Nwosu as national chairman.

He sought the invalidation of actions taken by the Mark-led leadership and an order restraining Mark, Aregbesola and other members of the interim National Working Committee (NWC) from presenting themselves as the legitimate leadership of the party.

Gombe argued that their emergence violated the ADC constitution and relevant provisions of the Electoral Act.

On November 5, Justice Lifu nullified the Mark-led caretaker committee and its decisions, including the process that produced former Vice-President Atiku Abubakar as the ADC presidential candidate for the 2027 general election.

The ADC had earlier announced that it had appealed the judgement and applied for a stay of execution, while calling on INEC to suspend further action on the party’s leadership dispute pending the determination of the appeal.

The latest appeal by Aregbesola adds another dimension to the ongoing legal battle over the leadership and political future of the ADC ahead of the 2027 general election.