A Federal High Court in Abuja will on Monday determine the legality of the National Executive Committee of the African Democratic Congress (ADC) led by former Senate President David Mark.
The suit challenging the leadership structure was filed by Leke Abejide, the party’s only member in the House of Representatives, representing Yagba Federal Constituency of Kogi State.
Abejide is asking the court to remove Mark and other members of the NEC, arguing that their emergence violated the constitution of the ADC.
Justice Musa Liman fixed Monday for judgment after hearing final arguments from lawyers representing the parties in the case.
The case, marked FHC/ABJ/CS/1637/2025, lists the ADC, Ralph Nwosu, David Mark, Rauf Aregbesola, and the Independent National Electoral Commission as defendants.
Abejide is challenging the process through which Nwosu, the party’s former National Chairman, handed over leadership of the ADC to Mark as Interim National Chairman and Aregbesola as Interim National Secretary.
The plaintiff argues that the process did not comply with the party’s constitution.
According to the suit, the handover carried out on July 2, 2025, at the Shehu Musa Yar’adua Centre in Abuja was unlawful because it was not authorised by a properly constituted National Executive Committee or National Convention of the party.
Abejide is asking the court to declare the transfer of the party’s leadership and administration to Mark and Aregbesola illegal and unlawful, citing Article 19(14) of the ADC’s 2022 constitution.
He is also requesting an order nullifying the appointment of the two leaders on the grounds that the process violated the party’s constitution.
The lawmaker further asked the court to issue a perpetual injunction restraining Mark and Aregbesola from presenting themselves as the Interim National Chairman and Interim National Secretary of the ADC.
In addition, he urged the court to stop INEC from recognising them in those positions.
According to him, their appointment did not meet the requirements of Section 82 of the Electoral Act 2022.
During the hearing, counsel to the plaintiff, Ibrahim Idris (SAN), argued that the process leading to the emergence of Mark and Aregbesola did not comply with the party’s constitution and the Electoral Act.
Idris also questioned the waiver allegedly granted to the two leaders, claiming that amendments to the party’s constitution were not properly completed.
He further argued that the party failed to submit the altered constitution to INEC within the required 30 days.
The lawyer also criticised the suspension of Article 23(4) of the ADC constitution, arguing that no organ of the party has the authority to suspend any provision of the constitution.
However, counsel to the ADC, Shaibu Aruwa (SAN), urged the court to dismiss the case, arguing that the matter relates to the internal affairs of the party, which courts do not have the jurisdiction to determine.
Aruwa said the dispute essentially concerns the leadership and management structure of a political party, matters which he argued should be resolved internally.
Lawyers representing other defendants – P. I. Oyewole for Nwosu, Realwan Okpanachi for Mark, I. R. Abdullahi for Aregbesola, and Anthony Onyeri for INEC – also asked the court to dismiss the suit.
They maintained that the claims raised by the plaintiff were not sufficient to warrant judicial intervention.
With arguments from all parties concluded, the court is expected to deliver its ruling on Monday.
