2027: ADC wins key legal battle
The African Democratic Congress (ADC) got some respite yesterday in its preparation for the 2027 general elections. The party has waded through many battles since former vice president, Aiku Abubakar, former governor of Osun State, Rauf Aregbesola, former Senate President, David Mark joined the party. Even after the party held its national conventions and primaries, […]
The African Democratic Congress (ADC) got some respite yesterday in its preparation for the 2027 general elections.
The party has waded through many battles since former vice president, Aiku Abubakar, former governor of Osun State, Rauf Aregbesola, former Senate President, David Mark joined the party.
Even after the party held its national conventions and primaries, the battles continued.
But things appear to be looking up for the party. On Monday, the David Mark leadership received the access code from the Independent National Electoral Commission (INEC) recognising its candidates despite parallel congresses and primaries held by other factions of the party.
And yesterday, a federal High Court in Abuja, dismissed a suit filed by a member of the House of Representatives, Leke Abejide, challenging the David Mark leadership for lacking merit.
Political analysts who spoke with Daily Trust said the ruling has removed a major legal uncertainty surrounding the party, reducing fears that the opposition could be weakened by prolonged litigation and paving the way for a more competitive electoral contest while increasing hopes that the opposition coalition will remain a formidable force ahead of the 2027 general elections.
Daily Trust reports that Abejide, in the suit marked FHC/ABJ/CS/1637/2025 filed on February 15, challenged the July 2, 2025 handover of the party’s leadership, naming the ADC, its former National Chairman Ralph Nwosu, Senator David Mark, Rauf Aregbesola and the Independent National Electoral Commission (INEC) as defendants.
Among other reliefs, the lawmaker sought an order restraining Mark and Aregbesola from parading themselves as the party’s National Chairman and National Secretary, respectively, and an injunction preventing INEC from recognising them as the party’s leadership.
He argued that their emergence violated the ADC constitution and the relevant provisions of the Electoral Act.
Court affirms Mark’s leadership
Delivering judgement, Justice Musa Liman upheld the preliminary objections raised by the defendants.
He ruled that the court lacked jurisdiction because the dispute bordered on the internal affairs of a political party, which are generally non-justiciable.
Justice Liman also held that Abejide lacked the legal standing to institute the suit, having failed to demonstrate how the emergence of the current leadership infringed on any of his legal rights.
The judge further ruled that the plaintiff failed to exhaust the party’s internal dispute resolution mechanism before approaching the court.
Justice Liman also resolved the substantive issues in favour of the defendants.
On the legality of the emergence of Mark and Aregbesola, the court held that the transfer of leadership by former National Chairman Ralph Nwosu did not contravene the ADC constitution.
The judge noted that the July 2, 2025 stakeholders’ meeting, during which Nwosu handed over the party’s leadership, preceded the National Executive Committee meeting of July 29, 2025, which formally produced Mark and Aregbesola as National Chairman and National Secretary under the supervision of INEC.
According to the court, their emergence complied with both the ADC constitution and the relevant provisions of the Electoral Act.
Justice Liman also awarded N2 million in costs to each of the defendants against Abejide and directed the plaintiff’s counsel to pay an additional N10 million as costs pursuant to the Electoral Act.
Reacting to the verdict, the ADC described it as a victory for democracy and said it had effectively laid to rest the lingering litigation over the party’s leadership.
In a statement, the party maintained that leadership issue remained an internal affair and was, therefore, not justiciable.
The party said the judgement reaffirmed that the emergence of the current leadership under Senator David Mark complied with both the law and the party’s constitution.
It also expressed hope that the ruling would end what it described as “attempts to destabilise the opposition through unnecessary litigation, allowing the party to focus on providing credible alternatives to Nigerians grappling with insecurity, economic hardship and unemployment”.
The ADC commended the judiciary for what it described as courage and impartiality, particularly the decision to award costs against the plaintiff and his counsel, saying the ruling should discourage frivolous lawsuits.
It’s a vindication of our stance on multi-party democracy – David Mark
Senator David Mark described the judgement as another milestone in Nigeria’s democratic journey.
In a statement issued by his Special Adviser on Media and Publicity, Kola Ologbondiyan, Mark said the ruling vindicated the ADC’s commitment to multi-party democracy, constitutionalism and the rule of law.
He said democracy could only flourish when political parties were allowed to operate without intimidation or undue interference.
Mark also commended the judiciary for upholding justice and reaffirmed the party’s commitment to providing purposeful leadership as a credible opposition platform.
According to him, the judgement represents not only a victory for the ADC but also for democracy and every Nigerian who believes in a competitive political system.
He urged party members and supporters to remain united and focused on building a stronger and more inclusive nation.
The ADC governorship candidate in Plateau State, retired Brigadier General John Sura, described the judgement as a morale booster for the party.
He expressed confidence that the ruling would strengthen public confidence in the ADC ahead of the 2027 elections and encourage more Nigerians, particularly young people, to support the party.
‘Judgement strengthens opposition’
Political analysts described Thursday’s judgement as a major boost for both the opposition and Nigeria’s democracy.
Professor Abubakar Kari said the ruling had removed the legal uncertainty surrounding the ADC’s leadership, enabling the party to focus on building a formidable opposition ahead of the 2027 elections.
“I think it is a huge boost for the ADC, but it is also a huge boost for democracy itself,” he said.
According to Kari, Nigeria’s democracy requires a vibrant opposition to ensure competitive elections and prevent the dominance of a single political party.
He noted that the court not only addressed the issue of jurisdiction but also resolved the substantive questions surrounding the legality of the party’s leadership.
“The judgement touches virtually all the contentious issues about the legality of David Mark, Aregbesola and the leadership of the party. It is quite safe to say that the ADC is now on a stronger legal footing,” he said.
Kari added that the decision substantially removed the apprehension that pending litigation could derail the party’s preparations for the next general election.
He said the judgement would allow the leadership to concentrate on political mobilisation rather than legal battles.
Similarly, political analyst and Bayero University lecturer, Dr Sa’idu Ahmad Dukawa, described the judgement as a positive development for multi-party democracy.
He said the ruling would discourage unnecessary litigation capable of creating uncertainty and weakening political parties.
“The ruling saves other opposition parties from the tendency of having people run to court and creating internal crises. Frequent litigation harms the system and weakens campaigns. This judgement restores certainty and stability,” Dukawa said.
Another political analyst, Professor Saleh Dauda, also described the judgement as healthy for democracy.
He said it provides the opposition with a credible platform to organise and challenge the ruling party ahead of the 2027 elections.
Dauda added that the ruling could also improve public confidence in the judiciary.
“Before now, many people believed the judiciary was dancing to the tune of the ruling party. This judgement suggests otherwise and may help restore confidence in the courts,” he said.
Kano-based constitutional lawyer Barrister Kamilu Ahmad Paki also described the ruling as consistent with the Electoral Act, noting that courts had consistently held that the internal affairs of political parties were generally beyond judicial interference.
He added that although Abejide still has the right to appeal, the judgement had strengthened public confidence in Nigeria’s judiciary.
How the crisis began
The leadership crisis began after several prominent opposition politicians adopted the ADC as the platform for a broad opposition coalition.
Among them are former Vice President Atiku Abubakar; former Kaduna State Governor Nasir El-Rufai; former Labour Party presidential candidate Peter Obi; former Interior Minister Rauf Aregbesola; former Transportation Minister Rotimi Amaechi; former House Speaker Aminu Tambuwal and former Cross River State Governor Liyel Imoke.
On July 2, 2025, the party’s former National Chairman, Ralph Nwosu, announced the resignation of the National Working Committee following consultations with stakeholders, paving the way for an interim leadership headed by Senator David Mark.
However, former Deputy National Chairman Nafiu Bala Gombe rejected the arrangement, insisting he never resigned and was therefore the rightful acting national chairman.
He subsequently approached the Federal High Court in Abuja seeking to stop Mark, Aregbesola and others from parading themselves as party leaders and to restrain INEC from recognising them.
The matter later generated a series of court proceedings, including an appeal over jurisdiction and interim orders directing parties to maintain the status quo pending the determination of the substantive suit.
Following one of the earlier court rulings, INEC announced that it would refrain from recognising either faction or monitoring the party’s congresses and conventions until the legal issues were resolved.
The commission said the decision was in compliance with the court’s directive to maintain the status quo and avoid taking any action capable of prejudicing the proceedings.
With Thursday’s judgement affirming the legitimacy of the Mark-led leadership, the ADC has overcome one of its biggest legal obstacles. Although other cases remain pending, analysts believe the ruling has provided the opposition coalition with greater certainty as it intensifies preparations for the 2027 general elections.
Legal hurdles remain
Despite Thursday’s judgment, the ADC still faces other legal challenges.
One of the pending suits was instituted by former Deputy National Chairman, Nafiu Bala Gombe, who is challenging the takeover of the party’s structure by David Mark and others, arguing that it violated the party’s constitution.
Another case involves aggrieved state chairpersons seeking to restrain the party’s interim leadership from conducting conventions or recognising specific congresses.
Although the latest judgement strengthens the legal position of the Mark-led leadership, analysts say the outcome of the remaining cases could still shape the party’s internal politics ahead of the general election.