A Federal High Court in Abuja has scheduled judgment for Monday in a suit by a member of the House of Representatives, Leke Abejide, seeking the sack of Senator David Mark and Rauf Aregbesola as National Chairman and National Secretary of the African Democratic Congress (ADC).
Justice Musa Liman fixed the date of Friday after entertaining final arguments from lawyers to parties in the suit.
The suit marked: FHC/ABJ/CS/1637/2025 has the ADC, Ralph Nwosu, Mark, Aregbesola and the Independent National Electoral Commission (INEC) as defendants.
It is Abejide’s contention that the process through which Nwosu (ADC’s former National Chairman) transferred the leadership of the party to Mark and Aregbesola violated the party’s constitution.
Abejide wants the court to among others, declare that Nwosu’s action on July 2, 2025 at the Shehu Musa Yar’adua Centre, Abuja, in handing over the leadership, administration and control of the party to Mark and Aregbesola, without the authorization or approval of a validly constituted National Executive Committee or the National Convention of the party is illegal and unlawful by virtue of the provisions of Article 19 (14) of the ADC’s 2022 constitution.
He is also praying the court for an order nullifying Nwosu’s hand-over or transfer of the leadership of the ADC to Mark and Aregbesola as Interim National Chairman and interim National Secretary on July 2, 2025 at the Shehu Musa Yar’adua Centre, Abuja for being illegal, unlawful, null and void.
The plaintiff is seeking an order of perpetual injunction Mark and Aregbesola from parading, acting or holding themselves out as the Interim National Chairman and Interim National Secretary of the. ADC as their purported appointment, selection or election was unlawful, illegal, null and void.
He equally wants the court to issue an order of perpetual injunction restraining INEC from recognizing Mark and Aregbesola as the Interim National Chairman and Interim National Secretary of the ADC on the grounds that their appointment, selection or election did not meet the requirements of Section 82 of the Electoral Act, 2022.
While arguing his client’s case on Friday, plaintiff’s lawyer, Ibrahim Idris (SAN) urged the court to reject the objections raised by the defendants and grant the reliefs sought by the plaintiff.
Idris argued among others, that the process leading to the emergence of Mark and Aregbesola as leaders of the ADC was flawed as the relevant provisions of the party’s constitution and the Electoral Act were not complied with.
He further argued that the waiver granted Mark and Aregbesola, with the purported alteration of
Article 9, paragraph (3(4) of the party’s constitution was inchoate and could not take since the party failed to register the altered constitution with INEC within 30 days as mandated by the Nigerian Constitution.
Idris also faulted the purported suspension of Article 23(4) of the party’s constitution to pave the way for Mark and Aregbesola to contest the party’s offices, arguing that no provision of the ADC’s constitution allows any organ of the party to suspend any portion of its constitution.
Lawyer to the ADC, Shaibu Aruwa (SAN) urged the court to dismiss the suit because issues raised in it relate purely to the internal affairs of the political party.
Aruwa argued that no matter how the plaintiff tried to embellish his case, it revolves around the leadership and management structure of the political party, which are internal to the party and over which the court lacked jurisdiction.
He faulted the plaintiff’s claim that the alteration of the party’s constitution was incomplete and that the change of its leadership was effected on July 2, 2025 at the Shehu Musa Yar’adua Centre.
Lawyers to the other defendants – P. I. Oyewole for Nwosu, Realwan Okpanachi for Mark, I R. Abdullahi for Aregbesola and Anthony Onyeri for INEC – make similar arguments and prayed the court to dismiss the suit
Meanwhile, Justice Emeka Nwite, also of the Federal High Court in Abuja has fixed April 14 for the resumption of hearing in the suit filed by Nafiu-Bala Gombe seeking, among others, the sack of the Mark-led leadership of the ADC.
It was learnt that hearing notices have been sent to parties informing them about the new development.
Gombe, who is equally laying claim to being the National Chairman of the ADC, listed the party, Mark, Aregbesola, INEC and Nwosu as defendants in the suit marked:FHC/ABJ/CS/1819/2025.
The judge had, on the last date, adjourned further proceedings indefinitely pending the outcome of an appeal filed in the case by Mark.
On March 12 the Appeal Court dismissed the appeal and ordered parties to return to the trial court for accelerated hearing of the substantive suit.
It equally ordered the maintenance status quo ante bellum pending the hearing and determination of the substantive suit.
Acting on the appellate court’s judgment, INEC, on April 1, removed the names of Mark and Aregbesola from its official portal and website as ADC’s National Chairman and National Secretary.
Mark on April 7 filed motion on notice, praying the court to among others, order INEC to reverse its decision derecognising them as leaders of the party.
