ADC TELLS COURT THAT THEY HAVE NO POWER TO SACK MARK-LED LEADERSHIP
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By Shodayo Sunmisola Michael
ABUJA – The African Democratic Congress (ADC) on Monday contested the authority of the Federal High Court in Abuja to adjudicate a case aimed at dissolving the interim leadership of the party led by Senator David Mark.
In a preliminary objection submitted via its legal team, led by Mr. Shuaibu Aruwa, SAN, the ADC asserted that the case, initiated by the former Deputy National Chairman of the party, Nafiu Bala Gombe, was brought in bad faith.
The party characterized the legal action as a misuse of the judicial system, emphasizing that the matter pertained to the internal affairs of a registered political organization and was, therefore, non-justiciable.
“We submit respectfully that the courts in Nigeria, including the apex court, have held consistently that matters touching on leadership of political parties are off the jurisdiction of our courts and hence non-justiciable,” the ADC argued.
Citing numerous established legal precedents, the ADC implored the court to dismiss or strike out the case due to lack of jurisdiction.
“Political parties being associations, disputes regarding the internal affairs thereof, especially between the political party and any of its members, are not justiciable, therefore, not within the jurisdiction of courts.
“The courts do not have the requisite statutory vires to interfere in or with political decisions by political parties,” the ADC added.
The party adopted this stance on a day the court scheduled an appearance for members of its National Working Committee (NWC), led by Senator Mark, to demonstrate why the Independent National Electoral Commission (INEC) should not be prohibited from recognizing them.
When the case was called, only representatives for the party and INEC were present.
Counsel for the plaintiff, Mr. Micheal Agber, informed the court that he had served all necessary documents to the members of the NWC on behalf of the party.
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In response, ADC’s attorney, Mr. Aruwa, SAN, informed the court that he was retained solely to represent the party.
Aruwa, SAN, further indicated to the court that, in addition to submitting a memorandum of conditional appearance, he had also filed documentation explaining why the interim order sought by the plaintiff should not be granted.
On his part, Mr. Kingsley Magbai, representing INEC, confirmed that he had received the Originating Summons.
However, Justice Emeka Nwite observed that the copy of the service on the court’s file was blank.
He ruled that the law stipulates that documents in such matters must be personally served on each of the Respondents rather than through the political party.
As a result, he postponed the hearing of the case until September 30 to allow the plaintiff to serve the relevant documents to all Respondents.
The Plaintiff, claiming the chairmanship position within the party, had, in an ex-parte application linked to a case marked: FHC/ABJ/CS/1819/2025, requested the court to prevent the Senator Mark-led faction from continuing to represent themselves as leaders of the party.
In the motion dated September 2, the plaintiff explicitly requested the court for: “An order of interim injunction prohibiting the 4th defendant from recognizing the 2nd and 3rd defendants as the National Chairman and National Secretary, their representatives and affiliates of the 1st defendant/respondent herein, pending the adjudication of the motion on notice submitted in this matter. ”
Designated as the 1st to 5th defendants in the case are: the ADC; Senator Mark (Chairman); former governor of Osun State; Ogbeni Rauf Aregbesola; INEC; as well as the most recent National Chairman of the party, Chief Ralph Nwosu.
Nonetheless, in the ruling issued on September 4, Justice Nwite, rather than approving the ex-parte application, instructed the plaintiff to formally notify the defendants by serving them with the legal documents.
The case emerged shortly after INEC revised its records to include the Senator Mark-led National Working Committee, NWC, of the ADC.
It is noteworthy that a coalition led by former Vice President Atiku Abubakar had proclaimed the adoption of ADC as the platform to contest President Bola Tinubu’s re-election campaign in 2027.
Subsequent to this announcement, the ADC, through its founding National Chairman, Nwosu, proclaimed the dissolution of all organizational structures of the party to facilitate a new leadership capable of steering a coalition of forces in preparation for the 2027 general election.
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