ADC Challenges Court’s Jurisdiction To Hear Suit Against Mark-Led Leadership

The African Democratic Congress (ADC) has challenged the jurisdiction of the Federal High Court in Abuja to entertain a suit seeking the removal of the Senator David Mark-led interim leadership of the party.

In a preliminary objection filed by its legal team led by Senior Advocate of Nigeria (SAN), Mr. Shuaibu Aruwa, the ADC argued that the case, instituted by a former Deputy National Chairman of the party, Nafiu Bala Gombe, was filed in bad faith and constitutes an abuse of court process.

According to the party, the suit concerns internal party matters, which are not justiciable and therefore fall outside the jurisdiction of Nigerian courts.

“The courts in Nigeria, including the Supreme Court, have consistently held that issues relating to the internal leadership of political parties are not matters for judicial determination,” the ADC stated.

Citing multiple judicial precedents, the party urged the court to either strike out or dismiss the suit entirely, asserting that political parties are voluntary associations and that disputes among members relating to party leadership are not legally actionable in court.

“Political parties, being associations, are governed by their constitutions and internal mechanisms. Disputes involving their internal affairs, especially leadership tussles, are beyond the reach of the courts,” the ADC maintained.

This argument was presented on a day scheduled for members of the party’s National Working Committee (NWC), led by Senator Mark, to appear before the court and justify why the Independent National Electoral Commission (INEC) should not be restrained from recognising them as the party’s leadership.

When the matter was called, only the ADC and INEC were represented by legal counsel. Counsel for the plaintiff, Michael Agber, told the court that all necessary legal documents had been served on the NWC members through the party.

However, ADC’s counsel, Shaibu Aruwa, a Senior Advocate of Nigeria, informed the court that he was briefed solely to represent the party and not individual NWC members.

He also filed a conditional appearance along with documents opposing the interim relief sought by the plaintiff. INEC’s lawyer, Kingsley Magbai, confirmed receipt of the originating summons.

However, Justice Emeka Nwite observed that the court’s file lacked a completed proof of service and held that personal service on all the individual respondents is required by law.

As a result, the judge adjourned the matter to September 30 to allow the plaintiff time to effect proper service on the named defendants.

The plaintiff, who claims to be the legitimate chairman of the ADC, is seeking interim orders to restrain the Senator Mark-led leadership from continuing to act as the party’s executive.

In his motion filed on September 2 in suit number FHC/ABJ/CS/1819/2025, he requested the court to bar INEC from recognising Senator Mark and his secretary, as well as their agents and associates, as national officers of the ADC, pending the determination of the substantive motion.

The defendants listed in the suit include the ADC, Senator David Mark, former Osun State Governor Ogbeni Rauf Aregbesola, INEC, and the immediate past ADC National Chairman, Chief Ralph Nwosu.

In an earlier ruling on September 4, Justice Nwite declined to grant the ex parte application for interim injunctions and instead ordered that the defendants be put on notice.

The leadership dispute emerged shortly after INEC updated its records to reflect the Senator Mark-led NWC as the official leadership of the ADC.

The development followed a major political alignment in which a coalition supported by former Vice President Atiku Abubakar adopted the ADC as its platform to challenge President Bola Tinubu in the 2027 general elections.

In response, the party’s founding National Chairman, Chief Ralph Nwosu, announced the dissolution of existing party structures to allow new leadership to coordinate the emerging coalition.